The time it takes to modify a custody or divorce order in Illinois can vary significantly based on the specifics of your case. An uncontested modification, where both parties agree on the changes, can be resolved relatively quickly, sometimes in just a few months. However, if the modification is contested and requires court intervention, the process can take longer.
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Chicago Modifications Lawyers
Judgments, Marital Settlement Agreements, and Parenting Agreements will establish the terms of ongoing interactions between former spouses, including arrangements for child custody, child support, maintenance, and the division of property. People’s lives, however, inevitably change, and plans established at the time of divorce may not be feasible years later. In other circumstances, ex-spouses exhibit the same non-cooperative or manipulative behavior as they did during the marriage and regularly violate the terms of these agreements and judgments.
The Women’s Divorce & Family Law Group helps clients seek post-divorce modifications that reflect major lifestyle changes for ex-spouses, parents, and children, such as relocation, remarriage, illness, and financial difficulties. For those having trouble with an ex-spouse following the rules, we can help to establish new boundaries and enforce the terms that already exist in their agreements.
Reasons to Change a Divorce or Custody Agreement
Before a divorce can be finalized, issues such as child custody and visitation, child support, and spousal maintenance (“alimony”) need to be resolved. The law understands, however, that life moves forward, often in directions unforeseen at the time of divorce. When a significant or “substantial change” in circumstances affects the operability of a custody or support arrangement, either party to a divorce may seek a modification of the court order. Possible examples of a such change in circumstances may include:
- One parent decides to relocate and move out of state or far from the other parent.
- A former spouse remarries or begins to cohabitate with another person.
- A former spouse loses their job or gains new employment or a promotion.
- A child’s needs change, including cases in which a child develops or has complicated special needs.
- One parent is interfering with a child’s relationship with the other parent.
- A former spouse’s physical or mental condition has deteriorated, such as by drug or alcohol abuse.
- A former spouse is convicted of a crime.
When a proposed modification involves child custody or visitation, it must also be in the best interest of the child. Our attorneys understand that living with an unworkable custody arrangement can cause great stress for parents and harm to children. For clients in need of custody modifications, we work as quickly as possible so that appropriate changes are made to meet current needs.
Enforcement
Orders related to a divorce or custody arrangement must be followed. Unfortunately, all too often, people do not always abide by the terms of court orders and custody agreements. Illinois law provides remedies to enforce judgments, orders, and agreements, such as withholding income, placing liens on property, driver’s license suspension, and even jail.
Contact an Experienced Chicago Family Lawyer Focused on Women’s Rights
If you need to pursue the modification or enforcement of a court order after divorce, please contact the Women’s Divorce & Family Law Group in Chicago to request a consultation. We will take the time to understand your unique circumstances and determine the best way to present your case so you can achieve the result you want.
FAQs About Illinois Modifications
Can Both Parents Agree to Modify a Custody Order Without Going to Court?
Yes, parents can agree to modify a custody order without a formal court battle, but the agreement must still be legally finalized. Once you and the other parent have reached an agreement, it must be written down, signed by both of you, and submitted to the court for approval. A judge will review the agreement to determine whether it serves the child’s best interests before issuing it as a new, official court order.
What Happens If My Ex-Spouse Refuses to Agree to a Modification?
If your ex-spouse refuses to agree to a modification, you must file a formal petition with the court to request the change. The court will then hold a hearing to decide if the modification is justified. To be successful, you will need to prove that a “substantial change in circumstances” has occurred since the original order was issued.
What If My Child Wants to Live With Me Instead of My Ex?
A child’s preference is one of several factors the court will consider when modifying a custody order, particularly if the child is mature enough to express a well-reasoned opinion. However, the court’s primary goal is to determine what is in the child’s best interests. It will still evaluate each parent’s ability to provide a stable home, the child’s adjustment to their current environment, and the relationship the child has with each parent.
Do I Need a Lawyer to Modify a Custody Order?
While you are not required to hire a lawyer to modify a custody order, it is highly recommended. The legal process can be intricate, and an attorney can provide valuable insight on your rights, help you gather the necessary evidence to support your case, and represent you in negotiations or court proceedings.
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