Post divorce change in custody order

OFlahertyLaw · 2024-11-24T21:46:51+00:00

Yes, it is possible to modify parenting time after a divorce is finalized in Illinois, but it requires demonstrating a significant change in circumstances. To request a modification of parenting time, you would need to file a petition with the court that issued the original parenting plan. Illinois courts generally prioritize the best interests of the child when considering such requests. The key factors that may support a change in parenting time include:

Change in the child’s needs: If the child’s needs or preferences have changed as they grow older, this can be grounds for requesting more parenting time.
Change in the parents’ circumstances: If a parent’s situation has significantly changed (e.g., a parent moving closer, a job change, or a health issue), it may justify a modification.
Parental behavior or actions: If one parent is not complying with the original parenting plan or is otherwise hindering the relationship with the child, this could be grounds for an adjustment.
The child’s preference: In Illinois, a child who is 14 or older can express their preference regarding parenting time, though the court will weigh this preference along with other factors. Once a petition is filed, the court will review the circumstances and may hold a hearing to determine whether modifying the parenting time is in the child’s best interest.

The above information does not constitute an attorney-client relationship, it is merely for information purposes.

jimsmythee · 2024-03-06T20:32:07+00:00

Here is the deal.

Once a final custody & parenting order is in place? Courts are highly unlikely to change them at a later time. "If it ain't broke, don't fix it."

And since there's a GAL involved? Yeah, 50/50 custody isn't going to happen. All the GAL does is say, "Best interests of the children are to be with mother as much as possible."

And don't fall for the "if dad does this, then he can get 50/50 custody." Don't fall for it. You can move 2 houses down from her. And nothing will change.

rsmiley77 · 2024-03-06T01:54:31+00:00

One thing is guaranteed, fighting for 50-50 later is going to be harder than getting it now. I’d do anything possible right now to get 50-50 starting off. Good luck.

Old-Macaroon8148 · 2024-03-06T00:19:30+00:00

I mean both of those reasons seem REALLY easy to disprove. Have you tried showing them a map and maybe a note from your employer stating it’s ok for you to pick your kids up from school?

You nailed it in the last sentence, this is about money. Get what you want now or you’ll be swimming upstream and paying more legal fees later.

Title	Post divorce change in custody order
Author	Least_Attorney9006
Upvotes	6
Comments	8
Date	March 6, 2024 12:05 AM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1b7l1mp/post_divorce_change_in_custody_order/
Archive Link	https://theredarchive.com/r/Divorce_Men/post-divorce-change-in-custody-order.1426161 https://theredarchive.com/post/1426161

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