Options for Parents: Child Custody Modification After Divorce
Divorce brings about significant changes for every member of the family, particularly the children. Even when Illinois parents work very hard to establish a parenting plan that suits the needs of the family and the best interests of the kids, it can be difficult to maintain the details of these agreements over the long term. Even between the most amicable of parents, a child custody modification may be necessary. However, with the right representation, modifying child custody orders doesn’t have to be stressful. Take a closer look at the options Illinois law allows for parents and how a family law attorney can make the process as simple and efficient as possible.
What It Takes to Obtain a Child Custody Modification in Illinois
Filing for divorce is often a long, complicated process. In the best-case scenario, you hire a divorce attorney, gather reams of financial information, and spend weeks or even months discussing terms with your soon-to-be ex-spouse before agreeing to a marital settlement. These steps can take a minimum of six months to complete, with more complex divorces involving years of litigation and countless trips to the county courthouse.
Compared to divorce, getting a child custody modification is much easier in Illinois. You will still need a family law attorney and relevant evidence. However, this time, you are not litigating or negotiating dozens or even hundreds of issues. Typically, a child custody modification is requested for only a single issue that makes the previous child custody order unworkable.
Resolving a single issue can take little time, depending on how cooperative your ex-spouse is. All you need to do is file a petition with the court and get a judge to approve that petition during a hearing. If both sides agree, this shouldn’t cost you a significant amount in legal fees, court costs, and time.
Has your situation changed after a divorce, making a previous child custody order unworkable? The family law attorneys at Wolfe & Stec, Ltd. can help you seek the child custody modification you need to continue to spend time with your child after a divorce in Illinois. Contact us at 630-305-0222 today.
Reasons to Seek a Child Custody Modification
There are several reasons that you might ask for a child custody modification. When petitioning the court, you will need to be prepared to explain your new situation and how it affects the current child custody order. Some of the most common reasons for seeking a modification include the following:
Remarriage
A frequent reason parents may request a child custody modification is remarriage. At a minimum, this adds a step-parent to the equation and may also add new step-children, who would become step-siblings for the children affected by the child custody order. Depending on the new living arrangements, the past agreement may no longer serve the best interests of your child or you. This is a case where most judges will reconsider custody orders based on your new living and financial situation.
Relocation
Additionally, relocation can have a significant impact on the functionality of a custody order. If you move hundreds of miles away from your ex-spouse, perhaps for a new job, a custody order that requires your child to live with each parent on alternating weeks could easily become unmanageable. Such an order could even become infeasible if you need to move only a few dozen miles when that move puts you in a new school district. In a situation like this, a judge might instead have the child live with one parent during school time and the other during holidays, the summer, and on some weekends.
Similarly, relocation can impact a custody order if you move into a larger or smaller home. Moving into a smaller home might mean that you can’t reasonably house all of your children at the same time and may need an order that staggers when they live with you. Conversely, if you move into a larger home, you may be able to show a judge that you now have the resources to better provide for your children. This could result in a judge granting you more physical custody rights than you had previously.
Options for Making a Child Custody Modification Less Stressful
The best way to make child custody modification as easy as possible is to contact an experienced Illinois family law attorney promptly. Our lawyers can discuss the details of your case with you and help you understand your options, along with what evidence you will need to provide a judge to support your claim. We can also help you negotiate requested modifications with your ex-spouse. It can be much easier to get a judge to agree to modifications if both parties approve of the changes.
When asking your ex-spouse to support your petition, it’s important to be prepared to compromise for the best results. For example, you may agree to more flexible vacation schedules to help your ex-spouse feel more willing to let you have other key parts of your modification.
Finally, you may want to take money out of the equation. When you request a child modification from the courts, you are requiring your ex-spouse to hire a lawyer and pay court fees, even if they support your request. If you agree to pay those costs, that could be just what is needed to convince your ex-spouse to support your request.
Contact Wolfe & Stec, Ltd. for Child Custody Modifications in Illinois
Has your life or the life of your children changed significantly since your divorce? If so, the child custody order that you are following may no longer be workable. A child custody modification could be the solution. With a family law attorney’s help, you can ensure the process of requesting that modification proceeds as smoothly and efficiently as possible.
The seasoned family law team at Wolfe & Stec, Ltd. is committed to protecting your best interests. Contact our law firm at 630-305-0222 today to learn how we can help you safeguard your family’s future today.
