When dealing with child custody issues, you may feel the need to re-assess the current parenting responsibilities you and your previous spouse agreed upon. If are interested in changing the allocation of Will County parenting responsibilities, it is essential to get in touch with an experienced attorney who is well equipped to deal with these types of cases. A child custody lawyer can walk you through the process of changing the parenting responsibilities as well as offer you legal guidance throughout the process.
When it is less than two years since the Judgment between the parties was entered by the court, there must be a substantial change in circumstances before a change can be made unless it is agreed upon by the parties. This prevents people from asking for a “redo” shortly after they were in court. The parties cannot come back in six months after their judgment without a legitimate reason. There are very limited reasons that the parties can come back to court before the two years is up, but you should speak with an attorney to make sure you qualify for one of the exceptions to the general rule.
If the parties agree, depending on the issue, they may or may not need it put into a court order. One issue that always needs to be in a court order is child support or maintenance. When the parties agree to a change in scheduling, they may not need to put that in a court order. If one party wants to be extra certain and get a court order, that is fine.
Parties cannot agree to modify child support out of court. If one party loses their job, it is a common mistake that the other party is willing to wait until they find another job without legally changing the arrangement for child support. When time goes by and things change, and the person that owed the duty to support is trying to convince the judge that they had an agreement, they are going to be responsible for the money previously ordered plus interest and potentially attorney fees.
If you are unsure as to whether your agreement needs to be in a court order, it is important to speak with a lawyer to be sure you understand the potential ramifications of not entering the order.
The age of the children may come into play when it comes to religion if a child is adamant that he does not want to practice a particular religion. If the parents cannot come to an agreement, the court may step in and make that decision for them.
When it comes to extra-curricular activities, the age of the child is also relevant. If the mother signs the children up for various activities and the father does not agree with that, the court might want to know how the child feels about the various activities they are involved in.
With education, the age of the child is also considered. If one parent is forcing an issue, the child might be asked to weigh in on the topic. As far as the parenting time, the child does not necessarily decide, but their opinion could be a factor the courts consider. If the child says they prefer to sleep in the bed they sleep in during the school week, that could lean heavily towards having overnights with that parent.
The state of Illinois takes into consideration the maturity of the child and their ability to understand the situation. The statute does not state an age, instead, it says the wishes of the child are taken into account while considering the child’s maturity and ability to express reason and independent references as to decision-making. The Judge can also court appoint a guardian ad litem or attorney for the children to help investigate and help to facilitate an agreement.
Before taking any type of legal action regarding your children, it is strongly recommended to get in touch with a child custody attorney to discuss what you want to be done and what legal options are available to you. If you wish to amend an existing agreement regarding parenting responsibilities, an attorney can walk you through the process of completing this task as well as the potential outcomes of your desired changes. Schedule a consultation to get started on changing the allocation of Will County parenting responsibilities.