How Do You Change a Child Custody Order in Illinois?

 Posted on October 21, 2026 in Child Custody

Child custody is one of the most difficult issues to deal with, even after a court has entered a formal custody order. In Illinois, it is always possible to ask the court to change a custody order, but getting a judge to agree to make a change is difficult. A change to a court order is called a modification. The steps required to successfully get a modification of a child custody order depend on how long the present order has been in place.

As one of the most prestigious law firms in DuPage County, The Stogsdill Law Firm, P.C. has earned the trust of many families. Our Wheaton, IL child custody lawyers can provide you with highly personalized representation, whether you need help requesting a modification or challenging a proposed modification.

What Are the Requirements for Requesting a Custody Modification in Illinois?

Under normal circumstances, when you ask for a modification to decision-making responsibilities, you must establish that at least two years have passed since the last custody order was signed. The parent making the request must also show that there has been a substantial change of circumstances (750 ILCS 5/610.5).

If both parents agree on the changes, the judge can grant a modification without proof of changed circumstances. But the ultimate standard is the best interest of the child. This is true whether you are seeking to modify decision-making responsibilities or parenting time.

If only one parent wishes to modify the custody order, he or she must prove to the court by clear and convincing evidence that a change has occurred since the original order and that a change in custody or parenting time is in the best interest of the child.

Can You Change the Custody Order if It Is Less than Two Years Old?

Illinois wants to promote stability in the lives of children. This means it is more difficult to get a modification of decision-making responsibilities when less than two years have passed since the last order.

In this circumstance, you will have to prove to the court that the current environment the child lives in may seriously endanger the child's physical, mental, emotional, or moral health. Often, only an emergency situation will qualify for a modification during the first two years of a custody order.

What Is the Process for Requesting a Parenting Time Modification in 2026?

When seeking a modification, a motion to modify custody must be filed. The motion must be filed in the county where the original custody order was signed. If the child no longer lives in that county, it may be possible to have the case transferred. However, the case will most likely have to begin in the original county.

Oftentimes, a judge will want to order a formal custody evaluation. There will also be status hearings and attempts to settle the issue short of a full trial. If the issues cannot be settled, a full trial on the modification will be held.

What Are Some Common Reasons to Modify a Custody Order?

Many changes in family life can lead a parent to ask for a new custody order in Illinois. A parenting plan that worked for a toddler may not work for a teenager with sports, a job, and a busy school schedule. Jobs change, homes change, and children’s needs change. Some common reasons parents seek a modification include:

• A parent plans to move far enough away that the current schedule no longer works.
• A parent’s new work hours make pickups, drop-offs, or overnights hard to manage.
• The child has new medical, school, or emotional needs.
• A parent is struggling with drug or alcohol abuse.
• There are signs of abuse, neglect, or domestic violence in one home.
• One parent keeps ignoring the parenting plan or blocking the other parent’s time.
• An older child has a mature preference about where to live.

Not every change will be enough to support a new order. The court looks at how the change affects the child. A parent starting a new relationship is usually not enough on its own. A new partner who puts the child at risk is a different story.

How Do You Strengthen Your Case for a Custody Modification?

A strong case for a custody modification is built on facts, not feelings. The judge will want proof that a new order would help your child. Start keeping records as soon as you notice a problem. Write down missed visits, late drop-offs, and broken promises, along with the dates. Save text messages, emails, and messages from co-parenting apps.

Records from outside sources can be especially persuasive. Report cards, attendance records, and notes from teachers can show how a child is doing in school. Medical and counseling records can show changes in a child’s health or behavior. Police reports may help in cases involving violence or substance abuse.

Your own behavior will come under scrutiny as well. Keep following the current order, even if you disagree with it. Stay calm and polite when you message the other parent. Do not criticize the other parent in front of your child. Judges pay attention to which parent supports the child’s relationship with the other parent.

What Happens When a Parent Abuses Custody Modification Requests?

Illinois law protects families from parents who misuse custody modification requests. Some parents file motion after motion to harass the other parent or drain their time and money. These filings can also bring stress and confusion into a child’s life.

When a judge finds that a modification request was "vexatious" or meant to harass, the parent who filed it could be ordered to pay the other parent’s attorney’s fees and court costs. A vexatious filing is one made without a good reason, often just to burden the other side. Once the judge makes that finding, the law requires the fee award.

Contact Our Wheaton, IL Child Custody Lawyers

Modifying a child custody order or modifying parenting time is a complicated process. You need expert advice when dealing with important matters regarding the custody of your child. Meet with a dedicated DuPage County, IL family law attorney to understand your rights. Call The Stogsdill Law Firm, P.C. today at 630-462-9500.