When allocating parental responsibilities, the court always puts the children’s interests first. But what if circumstances have changed since the decision was made and the children are at risk of harm? Is there anything you can do if you cannot agree on a way forward with your co-parent?
Under Illinois law, you cannot bring a parental responsibilities modification request to court within two years from the time the judgment was entered unless there are compelling reasons to do so. Children require consistency when growing up, and constantly changing things is not in their best interests. Here is what you need to know.
Instances when you can request a modification
If the children’s welfare is compromised, you can request a revision. Possible reasons include:
- Incarceration of the custodial parent
- Drug abuse or dependency by the other parent
- The home environment is unfit for the children’s upbringing
- There is a risk of violence to the children, among others
It is up to you to show that substantial changes have occurred since the court gave the original order. Additionally, you have to show how the changes negatively affect the children. Therefore it is crucial to come with hard evidence to ensure things go your way.
For instance, if your parent is denying you visitation rights, you may show communication records that support your claim for the court to consider a modification.
Protect your children’s welfare
Your modification request should solely be based on the welfare of the children. If you have reasons to believe a modification is necessary, you need to know what to do. Keep in mind that your co-parent is likely to dispute your claims, which is why you need to be well prepared.