In life, we are always in motion. Our situations and circumstances can change in a moment, or the steady march of time can bring life changes over a more prolonged period of time. Because divorced ex-spouses and parents are not immune from the inevitability of experiencing change, it makes sense that the orders entered by an Illinois court concerning child custody, parenting time and child support are able to change as the life situations of the parties change.
Changing an existing child custody, parenting time, or child support order is not as simple as showing that your situation and circumstances have changed, however. The Arami Law Office is here to help Illinois parties present the evidence and legal arguments necessary to obtain modification orders in their child custody and divorce cases.
How existing orders are modified in a child custody or divorce proceeding depends on whether the order affects the custody and placement of the child or the financial support of the child. In the case of financial support, the party requesting the modification of the child support is required to show that there has been a substantial change in circumstances, such as:
Bringing a successful motion to modify custody or parenting time orders requires that either two years have passed since the last custody order was entered or that affidavits suggest there is a serious threat to the physical, emotional, mental, or moral health of the child. Assuming that either of these conditions are met, the person seeking to change the custody order or a parenting time order must also show:
The party asking for the modification must show that these propositions are true by “clear and convincing evidence.”
In Illinois, it is difficult to change existing child custody, child support, and parenting time orders. Even if your child wishes to live with you, you still must present convincing evidence to the court to justify a change in the child’s living or visitation arrangements.
Arami Law Office’s team of well-seasoned Chicago family law attorneys has experience in modifying child custody and child support orders and can evaluate the likelihood of success and assist you in preparing and presenting your motions to the court. Contact the Arami Law Office today at (312) 212-1399 to discuss your case with us.
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