There are many situations where parents may wish to modify parental allocation judgments put in place by a family court. While these orders are usually meant to reflect a family’s situation and ensure that parents can work together to provide for their children’s needs, circumstances may change. One parent may believe that it would be better for his children to live with them more often, or both parents may agree that adjustments to parenting time schedules are necessary because of a parent’s health issues. Regardless of the reasons for a potential modification, it is important to follow the correct procedures to ensure that the best interests of children will be protected.
A parent who believes a modification to a parenting plan is necessary may request these changes in family court. A judge will review the request to determine whether it will provide for the best interests of the child or children involved. Whether a modification is based on one parent’s desires or an agreement by both parents, it is important to work with an attorney in these situations to make sure all legal requirements are met.
Legal Process for Modifying Family Court Orders
In general, requests for modifications must be based on substantial changes in circumstances for one parent, both parents, or for a couple’s children. A modification request will involve the following steps:
- Petition for modification: The process begins when one parent files a petition with their local family court. In many cases, this will be the court where the original child custody order was issued. However, if one or both parents have moved to a different county, a petition may be filed in the county where they currently live. The petition may include a proposed new parenting plan that includes the modified terms the parent believes are necessary.
- Proof of changed circumstances: Since modification requests must typically be based on changes in circumstances that have affected the parents or their children, the petitioner will usually need to demonstrate exactly what those changes are and why they require a modification. For example, a parent may provide information about a new work schedule that has affected the days and times that they are available to provide care for their children.
- Mediation or court hearing: If there are disagreements between the parents on whether modifications are necessary or what changes may be made to their parenting plan, mediation may be used to resolve their differences. In some cases, parents may be ordered to use mediation by a judge. If an agreement cannot be reached, the case will proceed to a court hearing.
- Court decision: After reviewing arguments made by both parties and any documents or other forms of evidence showing that circumstances have changed, the judge will decide on whether to grant the modification request. They may then put a new parental allocation judgment in place that they believe will be in the child’s best interest.
Contact Our Kane County, IL Parenting Plan Modification Lawyers
If you have experienced changes that you believe are significant enough to warrant a modification to the custody of your children, you will want to make sure to take the correct steps to address this issue in family court. At Mirabella, Kincaid, Frederick & Mirabella, LLC., our St. Charles, IL child custody modification attorneys can help you understand your options, and we will work with you to complete all of your legal requirements and address any issues that may arise as you update your parenting plan. Contact us today at 630-665-7300 to arrange an initial attorney meeting and get the legal help you need with issues related to your children.
