Child custody orders are legally binding, but not necessarily set in stone. A modification may be possible when either a parent’s or the child’s circumstances have changed significantly.
Before a modification is approved, the parent must provide valid reasons for the change. Here are some important points to consider.
When might a modification be necessary?
As mentioned, a modification may be necessary when substantial changes occur in either a parent’s or child’s life. Some of the more common reasons for modifications include:
- Changes in a parent’s circumstances: A parent may suffer from health issues, financial problems, or other significant changes in circumstances.
- A change in the child’s needs: As a child gets older, their needs change. They may gain more independence and do not need as much hands-on time with both parents.
- Relocation: If a parent has to move a substantial distance for work, this may necessitate a custody modification.
- Safety issues: If there are any safety issues for the child, such as abuse and neglect, the court can approve a custody modification.
It all comes down to the child’s best interests
The family courts in Illinois base all custody decisions on the best interests of the child. The key factors in this include:
- The stability of the child’s environment: The court will look to maintain stability for the child. This includes at home and in their school environment.
- The bond with each parent: The court will carefully assess the child’s bond with each parent. Which parent has taken care of the daily needs of the child will be a significant factor.
- How parents get along: The courts prefer it when both parents can cooperate. If there is a history of conflict, this can influence modification rulings.
Custody matters can be complex. If you are looking into a family law modification, seeking legal guidance is wise.