Q: Can ex-spouse request custody change in closing argument in Illinois?
In Illinois, can my ex-spouse request a drastic modification in parenting time, changing from every other weekend to joint custody, solely through a closing argument brief in trial court? We have a temporary agreed parenting plan that has been in place for approximately one year and is working well, with no significant changes affecting custody and no prior discussions about modifications.
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A:
In Illinois, modifying parenting time requires filing a formal motion with the court; it cannot be accomplished solely through a closing argument in a trial. The court will assess any proposed changes based on the child's best interests, considering factors such as each parent's wishes, the child's wishes (depending on maturity), the child's adjustment to home and community, and the mental and physical health of all individuals involved.
Illinois General Assembly
Since your current parenting plan has been functioning effectively for about a year without significant issues, your ex-spouse would need to demonstrate a substantial change in circumstances to justify altering the arrangement. Illinois law generally discourages modifications within the first two years unless there is evidence of serious endangerment to the child's well-being.
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