Aurora Modification Lawyer

Aurora Modification Attorney

When parents get divorced, an allocation of parental responsibilities is often set by the court. But life can change after the agreement is set, making it necessary to modify. Illinois courts have a legal process for adjusting the agreement, but the process can be complicated. An Aurora modification lawyer can help you through the process.

David Schaffer of Schaffer Family Law, Ltd., has over 38 years of experience guiding clients through complicated family issues. Working with an independent practitioner means you can get David’s full attention. He takes the time to fully understand what his clients’ concerns are and works toward an optimal outcome.

Reasons to Request a Modification

In 2022, the Census Bureau reported 10.9 million one-parent families in the U.S. The Uniform Child-Custody Jurisdiction and Enforcement Act governs the legal process used to determine parental responsibilities and parenting time. It prioritizes the interest of the child when finalizing an order.

Family life is always changing, and it’s not uncommon for a parent plan to be adjusted to accommodate these changes. While it’s not always easy to obtain a modification, there are several reasons it may be needed. They include:

• Parent relocation. If one parent plans to move more than 25 miles from their child, whether in Illinois or out of state, the plan may need to be revised.
• Change in work schedule. If a parent’s work schedule changes and they are no longer available at their scheduled parenting times, they may need to request a change to the agreement.
• Welfare concerns. In some cases, neglect or abuse may be discovered after a parenting plan is established. The other parent can request a modification to the plan to help protect the child.
• Violation of the existing plan. When one parent consistently fails to follow the agreed-upon plan, such as refusing to allow the child to visit the other parent or skipping drop-offs, the other parent can request that the court reevaluate the arrangement.

Parts of a Parenting Plan That Can Be Changed

Illinois has two elements to parenting plans:

• Allocation of parenting responsibilities. This refers to who makes decisions about the child’s education, religion, healthcare, and activities.
• Parenting time. This refers to the set schedule when the child stays with each parent.

When you have a change in circumstances, and the original agreement no longer allows you to see your child or be a part of the decision-making, you can request the court to change one or both of these elements of the plan. An experienced attorney can help you build a case for success.

How to Request a Parenting Modification in Aurora

When an existing parenting agreement no longer fits a family’s situation, a parent can petition the court to modify the arrangement. Illinois family law considers the child’s stability. Statute 750 ILCS 5/610.5 states that modification cannot be made within the first two years of the original agreement. Exceptions to this rule include proof that the child’s current environment poses a serious risk to their physical or mental health.

An Aurora modification attorney can help you through the process of requesting a change. The process includes:

• Getting the current parental responsibilities order
• Completing modification forms
• Filing the forms with the DuPage County Circuit Court
• Having your attorney inform the other parent’s legal representation about the petition
• Preparing an alternative parental responsibilities agreement
• Attending mediation or a hearing

Hire a Modification Lawyer

The legal process for requesting and modifying a parenting plan often requires an experienced attorney. You’ll want to hire a modification lawyer familiar with modification laws, so you have the proper documentation and a strong case for the modification. A skilled attorney can guide you through the process and advocate for your parental rights while helping to protect the interests of your child.

FAQs

What Are Some Examples of Changes in Family Circumstances?

Some common examples of changes in family circumstances that may lead to a modification include a parent getting a new job or a parent becoming disabled. If a parent relocates, Illinois statute 750 ILCS 5/609.2 considers it a substantial change. Changes to the child, such as a decline in their school performance, illness, or the development of a serious health problem, are also considered.

How Long Does It Take to Modify a Custody Agreement?

The time it takes to modify a custody agreement in Illinois can vary depending on the circumstances around the modification. If both parents agree to the change, the process generally goes much faster than if the parenting allocation modification is contested. A contested modification case could require numerous hearings and mediation.

What Are the Exceptions to a Change in Circumstance?

In Illinois, there are a few instances where a parenting agreement can be modified without needing to prove a change in circumstance. These exceptions include when the modification is a minor change to the parenting plan or when new evidence that should have been disclosed in the previous agreement proves that the original agreement was not in the child’s interest.

How Old Does a Child Have to Be to Refuse to See a Parent in Illinois?

There is no pre-determined age when a child can refuse to see a parent. The court can take the child’s preference into consideration, but ultimately, a decision is based on the child’s interest. A child under 18 is generally required to follow court-ordered parenting time, although the courts are more likely to consider the wishes of an older child.

Contact a Modification Lawyer

At Shaffer Family Law, Ltd., we understand that navigating family life after a divorce can be challenging. We are here to help you navigate parenting plan modifications so that even after a major life change, your parenting rights are protected. Contact us today, and we can talk about your options and help you do what’s right for your child and your family.