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If you want to change your parental responsibilities, the first thing you should do is look at your current parental responsibilities (custody) order. If you do not have one, you will need to get one. Note that the term "custody" is no longer used in the law. The new term is parental responsibilities.
The existing parental responsibilities order is important because it tells you and the judge:
- The date of the parental responsibilities order
- The type of arrangement between you and the other parent
- The case number for the case
- A parenting time schedule with the child
- Which parent pays child support
- How often and how much child support is paid
The next step is to prepare the court forms. You will need to file your forms using the same case number of the case where parental responsibilities were decided. You will find this number at the top of the first page of the court order.
Fill out and sign the forms listed below and make two (2) copies of each form:
- Motion to Modify Parental Responsibilities: This is critical and needs to be filled out carefully. Be sure to include as many details as possible. If you forget to ask for something in your motion, the court cannot give it to you. Remember to attach a copy of the Parental Responsibilities Order you are trying to change to your motion. If the parental responsibilities order is part of another order such as a Judgment for Dissolution of Marriage or Parentage order, also attach a copy of that order to ensure it is complete.
- Notice of Motion
- Affidavit (Use only if it has been less than two years since the order was signed. This must state why you want the parental responsibilities changed so soon.)
- Child support forms: If child support is changing, you also need to complete additional forms. Child support will change if the parent receiving support is changing from one parent to the other. For more information see Changing child support.
Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption.
Do this in the county where parental responsibilities were first decided by the court.There are fees to file many court forms, especially when starting a case. Fees are different from case to case and county to county. Contact the circuit clerk to find out about their fees. Many circuit clerks list theirs fees on their website.
If you qualify, you can get a Fee waiver. A fee waiver allows you to file for free, or at a reduced cost.
After electronically filing or paper filing, you must send the other party a notice telling them about the Motion and when to come to court.
You will need to:
- Send a file-stamped copy of the Motion to Modify Parental Responsibilities and the Affidavit to the other parent;
- Complete and file a Certificate of Mailing with the clerk, noting the date and the address to which you mailed the court papers; and
- Send a file-stamped copy of the Certificate of Mailing to the other party
You must do this even if you and the other parent agreed to the change and filed the motion together.
Go to court on the day the Clerk scheduled for you and explain to the judge the change you want to make and why. The judge will make a decision and enter an order which will explain the decision.
Bring these items to your court hearing:
- Motion to Modify Parental Responsibilities
- Affidavit
- Notice of Motion
- Child Support forms
You have the right to represent yourself in court. However, you are expected to follow the court's rules and procedures. Most people who work in the courthouse cannot give you legal advice; meaning they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge.
To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers:
- Plaintiff's or Petitioner's name
- Defendant's or Respondent's name
- Case number
- Judicial circuit
- County
- Division
If you are filing a case, you are called the plaintiff. If a case has been filed against you, you are called the defendant. In some cases, the plaintiff is called the petitioner, and the defendant is called the respondent.
- Copies of all the documents you filed with the Circuit Clerk
- Any witnesses you want to testify
- Any documents you want the judge to look at
- A photo ID
- Be polite and dress the way you would for a job interview;
- Get to the courthouse at least 30-45 minutes before your hearing time;
- Go to the courtroom number on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk;
- Check in with the judge’s clerk or coordinator sitting on either side of the judge’s seat;
- Know your line number and tell the clerk or coordinator your name and line number (you may have to sit outside the courtroom);
- Listen for your name or your line number to be called and then step up to the bench;
- You may be sworn to tell the truth, answer the questions truthfully;
- Explain briefly the issue you would like to address before leaving the courthouse;
- After listening to you and to the other side and tell you what happens next;
- You should receive a copy of whatever order is entered that day. Don’t leave the courtroom without it.
If this is your first time going to court, learn more about the process of Going to court in Illinois.
You must prepare an Order for Allocation of Parental Responsibilities after each court appearance. The order says what happened in court and what will happen next. Give that order to the clerk for the judge's signature. It's important to keep the order in a safe place in case you need it for future court dates.
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