Issues to Consider When Modifying Child Custody

Divorced parents and their children may undergo significant life changes in the months and years after a court issues an order on child custody. Whether due to employment, relocation, your child’s age or other factors, there may come a time to re-evaluate and modify a child custody arrangement that’s become outdated and no longer workable. You may think that making slight adjustments to the divorce decree is a minor issue, but there can be serious legal consequences for violating the court’s order.

Our family law attorneys at Hammer Serna & Quinn, LLC can help with modifications of child custody, ensuring you stay in compliance with legal requirements. Under Illinois law, there is an official process for making changes, which can be complex at times. We’ve represented parents on both sides of child custody issues, so we have the knowledge and experience to protect your interests and those of your child. 

Complex Issues Arise in a Modification of Child Custody Matter

There are multiple issues and parties to consider when addressing a potential change of child custody: You have legal responsibilities, your child’s other parent has rights, and an Illinois court must approve any change to custody. The paramount consideration is the child’s best interests, which include:

• The relationship and emotional ties between the parents and the child;
• The ability of the parties to offer love and guidance, and to maintain child-rearing standards regarding education and religion;
• The ability of the parents to provide food, clothing, medical care, and other necessities;
• Continuity with respect to the stability the child has experienced;
• Permanence regarding the existing and proposed residence;
• Moral fitness of the parents;
• Mental and physical well-being of all parties;
• The preference of the child, where doing so is age-appropriate; and,
• Other factors as designated by law or as the judge decides are appropriate.

Even where parents can agree on a modification of custody, it’s necessary to go through the proper proceedings for approval by the court. Where compromise isn’t possible, a judge will make a determination after a hearing. In addition to the best interests standard and other Illinois divorce statutes, there are procedural rules and legal precedents involved. Only a qualified lawyer has the proper education, experience, and knowledge to protect your interests.

Retain an Experienced Evanston, IL Divorce Lawyer for Modifications of Child Custody

Life can change overnight or over many years, but you can’t risk the legal consequences if you don’t properly navigate the modification of child custody under Illinois law. The knowledgeable lawyers at Hammer Serna & Quinn, LLC are here to serve your legal needs when it comes time to make changes to your custody arrangement. We seek to assist you in coming to an agreement with your child’s other parent, but we’re ready to take the matter to court if necessary to protect your rights. For more information on modifications of child custody, please call our Evanston, IL office at 312-372-6058 or contact us online to schedule a consultation. Our attorneys are proud to serve clients throughout the Chicago area.