When Can I File for Custody Modification in Illinois?

 Posted on March 24, 2025 in Family Law

When a child custody order is issued, the court understands that future changes in life circumstances may warrant its modification. The burden of proving the need for a change to the order falls on the parent who files, and judges generally have very high standards for what justifies a necessary change. If you need to file for a modification to your custody order, a DuPage County, IL family law attorney will listen to the details of your situation and help you decide on the next appropriate step.

What Are the Grounds for Custody Modification in Illinois?

What constitutes a valid claim for modifying a custody agreement can change on a case-by-case basis. However, some common and reasonable grounds for requesting an update include the following:

• Change in economic status: Financial stability plays a role in custody. Losing a job, experiencing a significant decrease in income, or taking on an unanticipated expense can qualify as a major life change.
• Necessary relocation: Moving, particularly out of necessity, may call for a custody review, especially when one parent has to move out of state.
• One parent’s remarriage: Getting remarried can cause disruptions in the child’s living situation and change the flow of parenting.
• Change in health status: It is not uncommon for parents to modify custody because one party suffered an injury or had a drastic change in their health. This can sometimes impact their physical and financial abilities to parent.

 Grounds for modifying custody are not always pleasant, and sometimes, the stakes are high. That is why hiring a legal representative is often vital in these cases.

What Is the Two-Year Modification Rule?

In Illinois, you cannot request a custody modification within the first two years of the initial court order unless the circumstances are dire. For example, if a custodial parent becomes incarcerated or is convicted of a sex crime that presents a physical, emotional, and psychological danger to the child.

If a child shows signs of social problems or a decline in academic performance, one parent can file before the two-year mandate. However, they must prove that the current living situation is to blame. The Illinois Marriage and Dissolution of Marriage Act outlines the provisions for these cases.

What Is the Process for Modifying Custody?

When only one parent wants to change the custody agreement, the process is slightly more complicated than when both parents agree. For one parent, the first step is to hire a custody lawyer to file a motion to modify with the local family court. You may be able to mediate the case and come to a compromise.

When both parents agree, the court will typically allow the modification as long as the circumstances of the proposed agreement remain in the best interest of the child. If you and your co-parent cannot reach an agreement, the case will move to court, where the judge will decide.

Schedule a Free Consultation With a DuPage County, IL Child Custody Attorney

Modifications to child custody are not taken lightly by parents or the court. At NN Legal Group, we understand that the child’s best interest is always the top priority, and that sometimes means you must disrupt the routine. Call 630-474-0925 to schedule your free initial meeting with one of our experienced Wheaton, IL child custody lawyers today and find out how a legal representative can help you build a supported case for custody modification.