What are the procedures for a change in custody or visitation?

In Illinois, a change in custody or visitation is very serious and should not be taken lightly. If the parents and child are in agreement, the court may allow the modification. However, if the other parent does not agree, then the court must determine if a change is in the child’s best interests. The court takes into consideration the relationship between the parents, the child’s physical and emotional health, the welfare of the child, and the “wishes of the child”, if they are of suitable age and maturity. To begin the process, the parent requesting the change must file a petition in the circuit court. The court will then schedule a hearing and notify both parties of the date. At the hearing, both parties must present evidence to support their position. The court may also appoint an attorney for the child involved. If the court finds that a change is needed, a written order will be issued which specifies the new arrangements. On the other hand, if the court decides that a change is not necessary, the current custody and visitation orders will remain in place. When making any decision regarding child custody and visitation, the court always considers the best interests of the child first and foremost. The goal is to ensure the child’s physical and emotional well-being while also allowing the parent-child relationship to thrive.

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