Before you file an application to vary an order, it is important to understand what the court will consider when hearing an application to vary an order so that you can make a strong case. Remember that if circumstances do not change seriously, there will be a moratorium on the changes within two years. Here are some of the circumstances that may represent an immediate change in parenting responsibilities: The next step is to prepare the court forms. You must submit your forms with the same case number as the case in which parental responsibility was decided. You can find this issue at the top of the first page of the court order. You must do this even if you and the other parent have accepted the change and submitted the application together. To learn more about what happens after filing a petition in a custody case, read our article: Timeline of Illinois Parenting Cases. For an overview of custody in Illinois, check out our article: Illinois Parenting Laws Explained. Prior to 2016, Illinois law used the terms “custody” and “visit.” Since 2016, the law has instead referred to what we usually consider custody as “the allocation of parental time and responsibility.” In this article, we explain how you can change parental responsibility and child custody in Illinois. We explain the difference between the change in parenting time and responsibilities within two years of the last final parenting order and after the expiration of two years. We are also discussing the filing of a petition to change child custody in Illinois. The first step in changing custody decisions in Illinois is to file a petition to change parental time and responsibility in a court of competent jurisdiction for your case. At that time, the court will give you a date, time and place of first hearing.
The application and the notification of the date of the court must be duly served on the other party. If you wish to change your parental responsibilities, you must first examine your current parental responsibility (custody). If you don`t have one, you need to get one. Note that the term “custody” is no longer used in the law. The new term is parental responsibility. As you`ve probably noticed, the child`s term “well-being” comes up often. Ultimately, the court will make a decision in this way regarding parental responsibility and parenting time. There are many factors that determine how the court decides this, but if you have disagreements or simply don`t like your spouse, this isn`t one of them. So if you think a change in your parenting (custody) is acceptable, make sure it comes from the place where the best thing is for the child, not for you. To navigate the court system, you need basic information about your case. Most of the information must appear on court documents: after completing your forms, you must submit them to the appropriate clerk. You must submit them electronically (“Electronic File”), unless you have an exemption.
Before devoting time and resources to changing custody of children, it is best to understand the following common examples that are unlikely to alter a custody decision: First, the plaintiff must prove that the circumstances affecting the child have changed significantly since the last parental injunction. Second, the applicant must prove that the proposed amendment to the parenting order is in the best interests of the child. The court will not consider the best interests of the child unless the applicant first proves that the circumstances have changed significantly. On the day the clerk has planned for you, go to court and explain to the judge what change you want to make and why. The judge makes a decision and makes an order explaining the decision. One of the goals of the Illinois Legislature in drafting the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) was to create a stable environment for children and avoid new custody problems. For this reason, it is difficult to change parental time and responsibilities except by mutual agreement within 2 years of the date on which the last final parental order was registered in a custody case. Fill out and sign the forms below and make two (2) copies of each form: “Thank you SterlingLawyers.com for helping me with my case. My situation was complicated with a lot of emotions, the lawyer Trisha Festerling and Katy Eckhardt were both professional and well organized. Thank you for your time and effort in this matter, it made a big difference in my situation. After the electronic or paper filing, you must send the other party a notice informing them of the application and when it must appear in court. References: Determination of Parental Responsibility and Parenting Time O`Flaherty Law is pleased to contact you by phone or at our offices at: You have the right to represent yourself in court.
However, you must follow the rules and procedures of the court. Most people who work at the courthouse cannot give you legal advice. That is, they can`t help you decide what to do, assess your chances of success, or present your argument to the judge. When you file a complaint, you are called an applicant. If a complaint has been filed against you, you will be called a defendant. In some cases, the plaintiff is referred to as the applicant and the defendant as the defendant is referred to as the defendant. It is at the discretion of the court if a hearing is authorized after the application and affidavit have been considered. When you first go to court, learn more about the Illinois court visit process.
You must prepare an order for the attribution of parental responsibility after each appearance in court. The order tells what happened in court and what will happen next. Give this order to the clerk of the court for the judge`s signature. It is important to keep the order in a safe place in case you need it for future hearing dates. In order to change parental time or responsibilities within 2 years of the last final order, the applicant must submit an affidavit along with their petition stating that the current environment poses a serious risk to the child`s physical, mental, moral or emotional health. “Serious danger” includes long-term and potential harm, as well as immediate harm to the child. If at least 2 years have passed since the last final parental injunction, Illinois courts will use a two-part test to determine whether to change time and parenting responsibilities. The existing parental responsibility order is important because it tells you and the judge: Again, your time and professionalism in this case has been greatly appreciated, I will highly recommend your services to anyone who needs a great lawyer! Thanks again SterlingLawyers.com! The burden of proof is on the applicant to prove his case by a preponderance of evidence. This means that the court must decide that the plaintiff`s version of the facts is truer than not. This is a lower standard of proof than the clear and convincing standard of proof that applied before 2016. After two years, several other factors can be taken into account.
B, for example, that both spouses are considerably distant from each other. In any case, the court will always decide on the basis of the best interests of the child, and not on the basis of a parent`s personal preferences. .