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DuPage Count divorce attorney child custody order modificationAfter your divorce, if certain circumstances change with regards to your co-parent, you might want to consider the modification of child custody orders. However, doing something like petitioning for sole custody of your children or significantly altering parenting timechild visitation rights, allocation of parental responsibilities, or parenting plans can often be a contentious and complex legal issue. You need to be sure you have a strong case to request such modifications. Below are some signs it might be time for you to request modifications of child custody orders or other orders pertinent to parenting.

5 Warning Indicators That Child Custody Modification Is a Good Idea

While many indications that you might need to assume sole custody of your children are more obvious than others, there are still plenty of warning signs—both blatant and subtle—that now might be the right time to take legal action. Overall, the most important thing to consider with any order modifications related to your kids is whether making such changes will be in your children’s best interests. Here are some of the most significant reasons to seek such modifications:

  1. You suspect your co-parent is abusing your children, be it physically, sexually, or in any other way that causes harm to them. In most cases, if your children are found to be in immediate harm’s way, this will expedite such modification orders.

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DuPage County divorce attorney spousal supportIf you have kids from a prior marriage, then you know that the divorce proceedings are hardly the last time you will hear from your former spouse. There are all sorts of things that you two must continue to work through, especially if your children are under the age of 18, including child supportparenting timeparental responsibilitiesspousal support, and much more. But how will this change if you decide to remarry? Will your new spouse be responsible for any of the parental responsibilities or child support? How will spousal support change? While at one time there was a clear-cut answer to all of these questions, in recent years, there is much more gray area when making some of these determinations in Illinois. The following is a look at how remarriage can change things after your divorce.

Remarriage and Its Impact on Divorce Obligations

With regards to spousal maintenance, the following is true in Illinois:

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DuPage County virtual divorce attorneyCourtrooms across the nation, including in parts of Illinois, have begun improvising over the last few months as a result of Stay-at-Home orders. For instance, Bankruptcy Courts in the Northern District of Illinois are conducting most hearings through Zoom video conferences or telephone calls. Divorce is no different—more and more courtrooms are conducting “virtual divorce proceedings.” But what are the benefits and drawbacks of this new trend, and will it have staying power in divorce and family law? Maybe, maybe not; but it is worth considering as an option depending on a couple’s situation.

Pros of Virtual Divorces

Many people undergoing divorces have found that they actually appreciate virtual divorces for a variety of reasons, such as:

  • Convenience—The convenience of virtual divorces means they can do it anywhere they are comfortable, such as in their home. This allows them to focus on the divorce itself instead of being worried about all the tangential aspects of the experience. For example, they do not have to stress themselves out about the hustle-and-bustle of driving or parking downtown, or making their way through unfamiliar territory, be it different cities or intimidating courtrooms.

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DuPage County parenting time attorneyGoing through a divorce can be difficult on an adult as well as a child. The end of a marriage also means the end of the family unit as they knew it. Determining child visitation, now referred to as “parenting time” in Illinois, can be a complicated matter. The child’s best interest is what the court considers when parenting time rights are being established in any divorce settlement. Parenting time can be divided in many different ways, but it is imperative that the parents keep personal preferences out of the equation and devise a plan that works best for the child.

Determining the Child’s Best Interests

It is recognized by the state that in most cases, it is best for children to have a healthy relationship with both their mother and father, and those familial bonds are essential in their development. While parents may be able to reach an agreement on how to share parenting time, they may need to settle these issues in court if they cannot do so on their own. A judge will consider various types of information when determining the best outcome for the child, and the following elements are taken under advisement:

  • Parents’ wishes

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DuPage County child support modification attorneyAfter you have gone through a divorce and are paying or receiving child support, there may come a time when you believe the amount you pay or the child receives should be adjusted. In Illinois, this may be done through a modification review process.

When Can I Have My Child Support Order Modified?

Under Illinois family law, an order for child support is eligible for modification review every three years, or when there is a significant change in either parent’s income or in the needs of the child. In the case of a three-year review, a parent will receive a letter from the agency in charge, informing them of the right to request a review.

Who Conducts the Modification Review?

Modification reviews of child support orders in Illinois are done by the Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services (DCSS). The agency is tasked with the responsibility to make sure child support orders are consistent with applicable Illinois law and changed circumstances involving all concerned.

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