Modification of Parental Responsibilities / Custody

Changes involving parental responsibilities┬ácan be sought by either spouse in a divorce or parentage action. Personal lives and circumstances are constantly changing, which often requires a modification in child rearing situations. Common reasons for a change in child custody include relocation, health needs, and educational goals. As previously mentioned, a child’s custody is determined on the basis of that child’s best interest. If the best interests of a child happen to change, so may the details of his or her custody. A child’s preference will not in itself be enough weight in a modification proposal. In Illinois, there are three situations that could bring about a modification of physical custody of a child:

  • Both parties agree to shift custody from one parent to the other;
  • A dangerous present environment; or
  • A change in circumstances and two years’ time lapse.