Aurora, IL Custody Modification Lawyers

Dedicated Lawyers Assisting With Modifications of Parenting Plans in Aurora, Illinois

You and your family will go through changes after a divorce. You or your ex may change careers and encounter new financial circumstances. Your children will grow, and family dynamics may change. Although your divorce decree or child custody order is intended to provide long-term structure and predictability, you will not always be able to anticipate the changes that life may bring. When the terms of your court orders no longer reflect your current circumstances, a post-decree modification may be necessary.

At The Law Office of Matthew M. Williams, P.C., we understand the importance of adapting legal orders to reflect new developments in your life. Whether you are seeking to modify the allocation of parental responsibilities, parenting time, or child support, we are here to guide you through the legal process while advocating for your interests. With more than 20 years of experience in divorce and family law matters, we have the legal knowledge and courtroom experience necessary to help you secure the changes you need.

When Are Post-Divorce Modifications Necessary?

Family courts recognize that a divorce decree may need to be adjusted as a family's circumstances evolve. In Illinois, modifications may be made when there has been a "substantial change in circumstances" that affects the original order.

Common reasons for seeking a modification include:

• Changes in Income or Employment: A significant increase or decrease in either party's income may require adjustments to child support payments.
• Relocationof a Parent: If a parent wishes to move to a new area, the parenting time schedule may need to be modified.
• Changes in a Child's Needs: As children age, their medical, educational, or emotional needs may change, requiring adjustments to a parenting plan or the expenses that parents will need to share.
• Parenting Time Conflicts or Violations: If a parent has not followed the parenting time schedule, the other parent may take steps to enforce the court's orders, and modifications may be made to the parenting plan to prevent future violations.
• Remarriage or Cohabitation: When a parent gets remarried or begins living with a new romantic partner, this may lead to changes in a family's life that could require an update to their parenting plan.
• Substance Abuse or Safety Concerns: If one parent worries about the other parent's ability to provide a safe environment, they may ask the court to make changes to custody or visitation arrangements to protect their children's well-being.

Legal Procedures for Modifying a Divorce or Child Custody Order

Requesting a modification of a divorce decree or parenting plan will require court approval. Even when both parties agree to the change, the court must review and approve the revised terms to ensure they comply with Illinois law and serve the best interests of the couple's children. The general steps followed in these cases include:

1. Filing a Petition for Modification: The requesting party must submit a formal petition to the court that issued the original divorce order. The petition should detail the specific changes requested and explain the reasons, including evidence of a substantial change in circumstances.
2. Service and Response: The other party must be formally served with the petition, and they will have the right to respond. In contested cases, each party may submit evidence and present arguments.
3. Discovery and Negotiation: In some cases, financial documentation or expert testimony may be required. The parties may also attempt to resolve their differences through negotiation or mediation.
4. Court Hearing: If no agreement is reached, a judge will hold a hearing to evaluate the evidence and make a decision. The court will consider factors such as the child's best interests, each parent's ability to meet their legal obligations, and any relevant statutory guidelines.
5. Issuance of Modified Order: If the judge approves the request, a new order will be entered, replacing the previous terms with the updated provisions.

Modifications involving child custody or parenting time may also require the appointment of a guardian ad litem or child representative if there are serious concerns about the child's well-being.

Contact Our Aurora, IL Post-Divorce Modification Lawyers

If your family has experienced changes, you will need to understand what steps to take to request modifications to your parenting plan. At The Law Office of Matthew M. Williams, P.C., we can help you petition for a modification, or we can help you respond to a modification request from the other party. To schedule a free initial consultation, call 630-409-8184 or contact our Aurora child support modification attorneys.