With time, your child’s needs and your family circumstances will change post-divorce. You might move, change jobs with a different work schedule, your child may move to a different school, etc. Maybe your ex isn’t following the parenting time order as well as you are and compromising the best interests of your child. In such cases, modifying the parenting time order may be in your and your child’s best interest.
According to Section 750 ILCS 5.602.10 of the Illinois Parenting Plan law, the parenting schedule is determined by the Parenting Plan or the Allocation Judgment in case the court has to intervene to create one. While a written schedule is binding, it can be modified if it no longer adheres to the best interests of the children involved.
The first thing you need to do is start the modification process is to get the current parental responsibilities order. This is important as the document tells you and the judge:
- The type of arrangement you made with the other parent regarding parental responsibilities.
- The parent who pays child support and how often it is paid.
- The date of the parental responsibilities order.
- The case number of your case.
Besides getting this document, you also have to fill out and sign these forms and ensure you have a copy of each:
Motion to Modify Parental Responsibilities – Make sure you include as many details as possible in this motion. If you fail to add a critical piece of information, the court cannot allow you to add it later. Plus, also attach a copy of the Parental Responsibilities Order you are trying to modify. If it is part of another order such as a Dissolution of Marriage or Parentage order, make sure you also attach their copies to the motion as well.
Notice of Motion – This notice tells the other party that you have filed a motion for modifications to the parenting time/responsibilities order. It should include the court date, the type of motion filed, the courtroom number and the name of the judge who will be presiding over the case.
Child support forms – Child support should change if parental responsibilities are being shifted to the other parent and the parent who used to have custody needs parenting time.
Whether you are going through a divorce or separating from your child’s parent in Elgin, Illinois, a family attorney from the Casement Group, P.C. can help you determine custody and parenting time. Today the courts do not assume that children will automatically go to their mother. Both parents are favored whenever possible. Get in touch with us today for the best interests of your child.