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How Can I Change My Child Custody Agreement in Illinois?

 Posted on October 27, 2025 in Child Custody

DuPage County, IL child custody lawyerWhen your circumstances change after a custody order is issued, you may need to adjust your parenting plan. Illinois law allows you to ask the court to change your arrangement. However, you must show that the change is necessary and good for your child. To begin, you need an experienced DuPage County, IL child custody lawyer. Custody modification cases can be complicated, especially if your co-parent disagrees with the change. Your attorney will ensure that you have the best chance at finding an arrangement that works for everyone involved.

When Can You Ask the Court To Change Custody in Illinois?

Illinois law refers to "custody" as the allocation of parental responsibilities. This terminology includes both decision-making authority and parenting time, commonly called visitation. Once the court enters a final custody order, you usually must wait two years before asking for a major change. The exception is if your child’s health or safety is at risk.

Under 750 ILCS 5/610.5(a), a court can change a custody order if there is a substantial change in circumstances and the modification is in your child’s best interests. You can typically make smaller changes just by reaching an agreement with your co-parent. For example, if you wanted to switch weekends or adjust pick-up times, you can both sign off on it, and the court will likely approve the change.

What Changes in Circumstances Are Considered Significant Enough for Custody Modification?

The court will only modify custody when something significant has changed since the previous arrangement was decided. Some common examples include:

  • A parent moves to a new city or state.

  • One parent remarries, changing the child’s home environment.

  • A parent’s work schedule changes and affects parenting time.

  • A child develops new medical, emotional, or educational needs.

  • There are credible concerns about abuse, neglect, or substance abuse.

  • The child expresses a consistent and reasonable wish to live with the other parent.

Under 750 ILCS 5/602.7, judges also look at how well each parent supports the child’s relationship with the other parent. For example, if your co-parent blocks visits, refuses communication, or talks negatively about you in front of your child, the judge might see that as a reason to change the current arrangement.

What Evidence Helps Prove a Custody Change Is Needed?

When you ask for a change in custody, you have to show clear proof that your child’s situation has changed. School records can show falling grades or attendance problems. Doctor or therapist notes can show that your child’s needs have changed. If there are safety concerns, police or Department of Children and Family Services (DCFS) reports can help confirm your claims. Sometimes, communication records, like text messages or emails, help show whether parents are working together or not. Teachers, neighbors, or relatives may act as witnesses. This information helps the judge understand what is best for your child.

You must file your request in the same court that issued your original custody order. The judge may schedule mediation or a hearing to review both sides. Because the process can be stressful and technical, having a lawyer can help you stay organized and make sure all evidence is presented correctly.

Contact an Oakbrook Terrace, IL Parental Responsibilities Attorney Today

Before starting the modification process, you should speak with an attorney at Farooqi & Husain Law Office who can help you prepare a strong, well-supported case. Attorneys Naveed S. Husain and Ausaf Farooqi bring valuable experience to family law cases. They combine their understanding of Islamic family law, estate planning, and U.S. law to help members of the community handle custody and family matters with cultural awareness and strong legal guidance.

If your family situation has changed, call us today at 630-909-9114 to talk to our knowledgeable DuPage County, IL child custody lawyers. We offer advice tailored to the specific circumstances of your case.

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