If you are having child custody issues, consider contacting a child custody lawyer Peoria IL parents recommend. Whether these are new issues or you need a modification to an existing custody order, contact the skilled attorneys at Smith & Weer, P.C. today to discuss your situation. Our legal team has decades of combined legal experience helping families obtain the best possible outcome for the circumstances of their case. If you would like to meet with a child custody lawyer in Peoria IL, call our office today. We are available to answer any child custody or other family law questions you may have. One of the most common questions we hear from parents is if a child custody order can be modified.
Under What Circumstances Can an Illinois Child Custody Order Be Modified?
An experienced child custody lawyer Peoria IL residents recommend understands that the goal of the family court judge who oversees a custody case is to make sure the best interest of the child is met. In Illinois, all custody details are contained in the parenting plan, also referred to as the allocation judgment. Parents can make changes to the parenting plan whenever issues arise and they both agree to the change. However, if the parents don’t agree, then they have the option of going back to court and letting the judge decide.
In the past, there were no limits to how often this could happen, but two years ago, Illinois lawmakers passed sweeping changes to the state’s parenting statute. Instead of parents being able to petition the court anytime they don’t agree on changes, the new law says that motions for modification can only be filed every two years. The law does allow a few exceptions to the two-year moratorium. A child custody lawyer Peoria IL clients depend on can examine your situation to see if you have grounds to file for a modification motion.
The first exception is if there is a “serious endangerment” to the child. One parent can file a motion to modify under the two years if the other parent is behaving in a way which may cause a danger to the child’s physical, mental, or moral health or is behaving in such a way that will negatively impact the child’s emotional development.
Another exception is when the parent who the child resides with the majority of time, or has equal parenting time, moves more than 25 to 60 miles away from their current residence. The distance is determined by which Illinois county the parties live in.
The third exception under the law is if one of the parents marries or is living with a registered sex offender. Under these grounds, the other parent can file for a custody modification.
Let a Child Custody Lawyer Peoria IL Families Trust Help You
If you are considering custody action and would like the advice of a skilled Peoria child custody lawyer, contact Smith & Weer, P.C. and find out how we can help.
Call a child custody lawyer Peoria IL provides at (309) 694-6700 to make an appointment for a free consultation.