How To Prove That My Illinois Custody Order Needs Modification

 Posted on May 13, 2025 in Family Law

When your child custody order, known as the allocation of parental responsibilities in Illinois, is no longer working, Illinois courts have a legal avenue for adjusting the original order. If you file a request, you are responsible for proving that a significant change in circumstances has occurred that justifies the change you are asking for.

While decree modification can be complicated, a Geneva, IL custody modification attorney can assess your case, helping you gather the evidence necessary to prove your claim and create a more appropriate allocation of parental responsibilities that serves you and your child’s best interests.

What Do You Have To Prove for a Custody Modification in Illinois?

A significant change in circumstances can mean many things. If you are filing for a modification alone, you are responsible for proving that a new order is necessary. Some examples of conditions the court is likely to accept as a significant change in circumstances include:

• There has been a substantial change in your child’s health, such as a severe illness diagnosis that will require indefinite and frequent trips to the doctor.

• One parent is now unemployed or has a major change in work schedule.

• The relationship between a child and a parent has changed significantly.

• A parent has suffered a severe injury or been diagnosed with an illness that hinders their ability to work or parent as they once did.

• A parent has to relocate to another state.

• One parent remarried.

This list is not exhaustive. Sometimes, several circumstances have changed, and you may need to provide proof of all of them. Keep in mind that the Illinois Marriage and Dissolution of Marriage Act requires you to wait two years after the original order before the court will consider a petition to modify parental responsibilities allocation; the bar for changing an order before two years is much higher.

Are There Exceptions to Illinois’s Two-Year Modification Rule for Custody?

The two-year modification rule has exceptions. If it has been less than two years since the original order, you may be able to modify custody if you can prove that maintaining the current order is a danger to your child’s physical, emotional, or psychological health. For example, if your co-parent is convicted of a sexual offense or is incarcerated, modification may be necessary. If your child’s grades are declining as a direct result of their current living situation or they are developing social issues, the court will likely hear you out. The court’s considerations will be based on the same priority as the original order: Protecting your child’s best interests.

Contact a Geneva, IL Custody Modification Attorney Today

The court is very particular about what constitutes a necessary change in the allocation of parental responsibilities. Most judges are reluctant to disrupt a child’s routine and change parenting time. You have to make a strong case and prove that it would be in the child’s best interests, and the Kane County, IL child custody lawyers at Serrano Hanson & Hurtado, LLC can help. Call 630-844-8781 to schedule your free consultation today. Hablamos Español.