Modification of a Custody Judgment

750 ILCS 5/610

Unless it is agreed upon by the parties, no motion to modify a custody judgment may be made within two years after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe that the child’s present environment may seriously endanger his physical, mental, moral or emotional health.

The court will not modify a prior custody judgment unless it finds by clear and convincing evidence that a change has occurred in the circumstances of the child or his custodian and that the modification is necessary to serve the best interest of the child.* 

In the case of joint custody, if the parties agree to terminate the joint custody arrangement, the court may do so as well and make any modification which is in the child’s best interest.  The court will state in its decision specific findings of fact in support of its modification or termination of joint custody if either parent opposes the modification or termination.

Attorney fees and costs will be assessed against a party seeking modification if the court finds that the action was vexations and constituted harassment.

Whether a change has occurred is a matter to be determined by the court, but may include such things as a relocation, re-marriage, increasing age of minor child.

For additional information see Custody Judgment Modifications Within Two Years Back to the Chicago Child Custody Lawyer home page