Belleville, IL asked in Family Law for Illinois

Q: I want to change custody agreement, and visitation of my children, they spend half time with father, but dont want to go

I was divorced over a year ago, at the time, i could not afford an attorney, i agreed to his terms. giving him joint custody, and visitation half the time. Things have become unstable at his residence and the children do not want to go. I would like to find a way to get full custody and every other weekend visitation, I cannot afford counsel,and dont know what to do. He does live in a different school district and at the time of divorce the children wanted to stay in that school, so i agreed to giving him residential parent for school purposes as well. my children now, very strongly want to live with me and change schools. I dont know what to do

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1 Lawyer Answer
Andrew John Hawes
Andrew John Hawes
Answered
  • Niles, IL
  • Licensed in Illinois

A: Unfortunately, there is not much you can do at this time. Under Illinois law, it is very difficult to modify any child custody arrangement within two years after entry of a custody order. The only way that you will be able to change the custody arrangement at this time is if 1) your ex-husband agrees, or 2) he marries or moves in with a registered sex offender, or 3) you can convince the court that there is reason to believe the child's present environment may endanger seriously his physical, mental, moral or emotional health. § 750 ILCS 5/610. If you believe you can prove any of these, go to the court and file a motion for modification of custody, together with an affidavit proving one of these.

Otherwise, you will have to wait until two years from the date of the order passes. Then, you will have to file a motion, and prove to the court, by clear and convincing evidence, upon the basis of facts that have arisen since the prior judgment or that were unknown to the court at the time of entry of the prior judgment, that a change has occurred in the circumstances of the child or his custodian, or in the case of a joint custody arrangement that a change has occurred in the circumstances of the child or either or both parties having custody, and that the modification is necessary to serve the best interest of the child. If you are serious about making this happen, I strongly recommend you get an attorney.

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