Wheaton Modification Lawyer

Wheaton Modification Attorney

When a family court Judge issues an allocation of parental rights and responsibilities, the terms are legally binding. But in some cases, after the order is issued, life changes, and a modification may be needed. If you are in a situation where you need to modify the terms of your parenting plan agreement, you may need the help of a Wheaton modification lawyer.

David N. Schaffer of Schaffer Family Law, Ltd., has over 38 years of experience providing clients with legal guidance and representation. David takes the time to sit down with each of his clients to conduct a thorough assessment of their case and determine the legal action that can yield an optimal outcome.

Common Reasons to Request a Modification of Parental Responsibilities

According to the U.S. Census, in 2022, about 22.2 million children had one of their parents living outside of their family home. Illinois law, outlined in the Illinois Marriage and Dissolution of Marriage Act, prioritizes the interests of the child when allocating parenting time and responsibilities.

When either parent or a child’s legal guardian requests a change to a court-order allocation of responsibilities agreement, it is called a modification. Illinois statute 750 ILCS 5/610.5 prohibits a modification within two years of a final court entry. Some of the reasons a parent may need to make a change to their parenting agreement include:

• Relocation. If a parent needs to move a significant distance from their child’s home, the plan may need to be modified to accommodate travel.
• Change in work schedule. A promotion or shift change that also changes a work schedule, or the loss of employment, can sometimes make it difficult for a parent to keep their same parenting schedule.
• Child welfare concerns. If one parent is suspected of abuse, neglect, or maintaining an unsafe environment for the child, a parenting modification can be granted. This includes when one parent has a substance abuse disorder.
• Violation of the court-ordered plan. If one parent consistently fails to follow the parenting plan, such as by refusing to allow visits or missing drop-offs, the other parent may request that the court reevaluate the plan.

Contested Modifications

If both parents agree to the terms of the modification, the process can be straightforward. If one parent disagrees, it may be treated as a contested case according to the courts. A contested case may involve:

• Mediation
• Evaluation by a guardian ad litem
• A review of both parents’ living situations and their physical and mental fitness
• Testimony from medical professionals, school officials, and other witnesses

The Legal Process for Requesting a Modification

To start the modification process, a petition to modify can be filed with the DuPage County Circuit Court or the court that issued the original order. The petition should include:

• A clear explanation of the change of circumstances
• Evidence supporting the need for modification, which could include a new work schedule, police reports indicating endangerment, medical records, or evidence of a relocation.
• A new parenting plan proposal

Under Illinois statute 750 ILCS 5/602.7, the allocation of parental responsibilities and parenting time must be in the interest of the child. When the court looks at the modifications, it can consider factors such as the child’s wishes, the mental and physical health of the parents and children, and the child’s adjustment to their home and school.

The legal process for changing parenting orders involves a few steps. You’ll want to get a copy of the current order and fill out the modification forms. Once you have filed the forms with the court, you and the other parent may be asked to attend mediation. If an agreement is not reached during mediation, a Judge can review the case at a hearing.

Hire A Modification Lawyer

Modifying an order involves more than just filing paperwork. It’s a legal process that requires an experienced Wheaton modification attorney. When you hire a modification lawyer, they can:

• File the required documentation
• Build a strong case that supports your need for a modification
• Advocate for your parental rights
• Protect the interests of your child
• Provide guidance throughout the legal process

FAQs

What Are the Grounds for a Custody Modification in Illinois?

The grounds for custody modification of parental responsibilities in Illinois include a variety of changed circumstances. It could be when one parent remarries, one parent has unexpected expenses, or one parent needs to move more than 25 miles away from the child. If one parent experiences a significant change in income, it could also trigger a modification.

What Is the Biggest Mistake in a Custody Battle?

While there are many mistakes that parents can make in a parenting responsibility conflict, one of the biggest is not putting the needs of the child first. Parents should refrain from talking negatively about each other, as it could reflect poorly on their character in front of the court. Ignoring court orders and skipping visits are also major mistakes parents can make during a parenting allocation conflict.

Can a Mother Refuse Access to the Father?

Typically, a mother cannot legally refuse child access to the father just because she wants to. If parents have a court-ordered plan granting the father parenting time, and the mother refuses that right, she could be in contempt of court. This can lead to fines and the loss of her parenting rights.

Can My Child Decide Which Parent They Want to Live With in Illinois?

In Illinois, a child does not have the legal right to decide which parent they want to live with. Once a child reaches a certain age, the Judge may take the child’s preference into account. This may depend on the child’s level of maturity and ability to articulate their reasons. A child’s preference is just one factor, not necessarily the deciding one.

Contact a Modification Lawyer

If your current parenting plan no longer fits and you need to make changes, an attorney familiar with modification laws can help protect your rights. Contact Schaffer Family Law, Ltd. for experienced and compassionate guidance throughout your parenting plan modification case.