In Illinois, child custody (now called allocations of parenting time and decision making) can be modified through the courts if there is a substantial change in circumstances that warrants a modification. In general, the modification will be sought after two years has expired from the original judgment, but some cases allow for a modification before two years if the issues presented are serious, or if the changes are moderate and needed to serve the interests of the child(ren).
Here are the basic steps:
- File a Petition in Kane County: The process begins by filing a petition with the court requesting a modification of child custody. This petition should outline the reasons and changes that have occurred in the child’s life or circumstances of the parent(s) for the requested modification, and any supporting evidence.