This form is motion for modification of a prior custody divorce decree in order to obtain sole custody of a minor child on the grounds that the present custodial parent is unfit to continue to have sole custody of the child. This form is a generic example of such an motion that may be referred to when preparing such a pleading for your particular state.
Illinois Motion for Modification or Amendment of Prior Custody Order in Divorce Decree to Obtain Sole Custody of Minor Child Due to Unfitness of Custodial Parent
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How to fill out Motion For Modification Or Amendment Of Prior Custody Order In Divorce Decree To Obtain Sole Custody Of Minor Child Due To Unfitness Of Custodial Parent?
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FAQ
A court might find that substance abuse, addiction, domestic violence, or untreated mental illness, for example, endanger the child. In cases where the other parent has abandoned the child or is incarcerated, you'll be able to get sole custody relatively easily. You'd still need to prove these things in court.
Illinois law allows for modification of child support orders provided there are substantial changes in circumstances or the income of either parent or the legal status of the child. Substantial changes may include: A substantial increase in the obligor parent's income via a raise, new job, etc.
Show You Are the Better Parent for Full Child Custody Discuss the best interest of your child. ... Demonstrate your commitment for their psychological wellbeing. ... Dress formally for court. ... Be ready to discuss the specifics of your child's best interests. ... Have all paperwork and supporting evidence ready before court.
In order to have your children's other parent deemed unfit, you'll need to demonstrate that they engage in some form of dangerous parenting practice, such as any of the following: Treating the child with extreme or ongoing cruelty. Abandoning the child. Ongoing neglect of the child.
Evidence to Establish a Parent Is Unfit Medical documents (injuries, sicknesses related to the home environment, etc.); Photographs or videos (proving abuse, neglect, or the state of the home); Police reports and criminal records; or. Relevant emails, text messages, social media posts, etc.
To get a modification to custody after two years, you must show there has been a substantial change in circumstances and that the change would be in the best interests of the child.
Yes, a parenting plan can be changed in Illinois. A parenting plan can be adjusted as needed if both parents agree. If only one parent wants to change it, then there will need to be a court case.
If you would like to modify your divorce decree, your parenting plan, or other orders put in place upon the finalization of your divorce, you must file a Petition for Modification with the circuit court in the county where the original order was entered.
