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Having parental responsibilities means making important decisions for a child, and spending time with them. This used to be called "custody," but that term is no longer used in Illinois.
Changing [no-lexicon]parental responsibilities[/no-lexicon]
A parent can change their parental responsibilities even if the other parent doesn't agree. However, the process is much easier if both parents agree to the change.
An agreement is when both parents understand and agree to all the changes to the parental responsibilities order. Such changes could include:
- The child moves in with a different parent,
- A different parent is making the day-to-day decisions about the child,
- A different parent has to pay child support,
- How the parents spend time with the child (parenting time) changes, and
- How the child is raised is decided differently.
Be sure you understand how any changes in parental responsibilities will affect your parental duties.
If parents agree, then they must file court papers to ask the judge to change parental responsibilities for it to be legal. They will be able to make the change more quickly than parents who do not agree.
Timing
You can change parental responsibilities at any time if both parents agree to. If you don't agree, you must wait 2 years after the original parental responsibilities order before changing decision-making responsibilities. The only exception is if the child is in danger. You can ask to change parenting time at any time.
Changed circumstances
Sometimes the other parent doesn't agree with the change. In that situation, you must prove to the judge that things have changed since you signed the current order. The difference must be significant. For example, if the other parent moved away. However, if the change you want is small, you don't have to show changed circumstances. This is also true if the change reflects the way the child has been living for the past 6 months.
Legal Comment
Submitted by Geri Lyon on Sat, 06/03/2023 - 09:57
An order for Allocation of Parental Responsibilities was filed in August 2022, the order didn't provide for allocation during summer break. Does a modification need to be filed into the existing case with the petitioner remaining father, per original or does a new filing with mother as petitioner since she is the one filing the motion to modify?
Submitted by Gwendelyn Daniels on Mon, 06/12/2023 - 11:03
It would be part of the existing case I believe. You can use our Easy Form to guide you through creating the forms you will need.
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