Are you a non-custodial parent who is kept from seeing your children?

Do you believe that your child’s present environment may seriously endanger his/her physical, mental, moral, or emotional health?

You don’t need to helplessly sit by.  Consider taking steps to modify the custody or visitation order.



The Illinois Marriage and Dissolution of Marriage Act governs most of the area of child custody in Illinois. This means that the court system allows for changes to child custody orders and agreements as long as certain criteria are met, and you follow specific court procedures.

The court will look for “clear and convincing evidence” that a change has occurred in the circumstances of the child or his/her custodian(s).  The court also must be convinced that modification is necessary to serve the best interests of the child.

It is important to note that a custody judgment may not be modified for two years after being entered, unless the parties agree to the proposed modification, or if the court finds there is reason to believe the child’s present environment may seriously endanger his/her physical, mental, moral, or emotional health.

All this said, trying to modify a custody order is a very detailed process and can be a rather difficult. No self-help publication, packet, or any other form can replace the guidance and experience of a licensed attorney.  Find a lawyer or law firm experienced in family law and custody matters, and familiar with the modification process.  Together, with your legal representation, you can follow these seven steps toward modifying child custody:

• Step One: Preparation forms and documents
  Your attorney will gather and prepare all the information necessary from you to start the process. These forms and documents include a prepared Petition with a copy of your current custody order and if necessary your Judgment for Dissolution of Marriage, along with an Affidavit stating the reasons the modification of custody is needed or wanted.

• Step Two: Filing of Documents
  Your attorney will file the Petition and Affidavit with the Circuit Clerk’s Office.

• Step Three: Notification to other parent/guardian
  A copy of the Petition and Affidavit will be served on the other parent. The Circuit Clerk’s Office will also have to be notified of completed service.

• Step Four: Requesting and Scheduling a Hearing
  Your attorney will contact the Circuit Court Clerk to set a hearing date.

• Step Five: Preparing for Hearing
  Your lawyer will help you prepare for testimony before the court and will help anticipate any questions the opposing side may ask.

• Step Six:  Participating in the Hearing
  During the hearing you will testify on behalf of your position, and may have to answer questions by the opposing party.  Any witnesses that support your position also may be called to testify, as well as the opposing party and any witnesses they may have.  If it is a complex or highly contested matter, the judge may take additional time before making his/her decision. This can include referring you and the custodial parent to a mediator to try and work out a solution to the dispute, or appointing a social worker or another lawyer to represent the interests of the children involved. Remember that the court considers modifying a custody order to be a very serious undertaking, so it is important to be patient and fully comply with all the requests a judge makes.

• Step Seven: Drafting an Order for Modification of Custody
  After the judge has all the information he or she needs to make a decision on the custody modification, there will usually be one last hearing where an Order for Modification of Custody will be entered. This Order will outline all of the changes you and the child’s other parent/guardian have made to the original custody order.

Ideally, at the end of this process all parties involved will follow the Order of Modification to serve the best interest of the child.  However, if the other parent/guardian does not follow the Order, there are additional steps to ensure compliance which with your lawyer can assist. 

Visit The Law Blog again for an upcoming article on what to do if a court-ordered modification is not followed, or contact Joseph P. McCaffery & Associates for a free initial consultation.