The Law Offices of Brian A. Grady, P.C.
Attorney At Law
Itasca Bank & Trust Building
9 East Irving Park Road
Roselle, IL. 60172
Phone:(630) 351 - 4466
Fax: (630) 894 - 2528
Change of Custody
Generally, absent a stipulation by both parties, a custody judgment cannot be modified earlier than 2 years after it is entered. Courts, however, will make an exception if there is reason to believe that the child’s present environment may endanger seriously his physical, mental, moral, or emotional health.
Even after the 2 year period, pursuant to Section 610(b), the court will not modify a prior custody judgment unless it finds 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.
In the case of joint custody, if the parties agree to a termination of a joint custody arrangement, the court will terminate the joint custody and make any modification which is in the child’s best interest.
750 ILCS 5/610.
A change in circumstances justifying a modification of a child custody award, however, need not relate to the custodial parent, nor is it necessary for the court to find that the custodial parent is an unfit person if other circumstances warrant modification.
Kjellesvik v. Shannon , 41 Ill. App. 3d 674, 355 N.E.2d 120 (3 Dist. 1976).
The court will also not consider conduct of a present or proposed custodian that does not affect his relationship to the child.
Furthermore, unless the court finds the occurrence of ongoing abuse, the court will presume that the maximum involvement and cooperation of both parents regarding the physical, mental, moral, and emotional well-being of their child is in the best interest of the child. Even so, there is no presumption in favor of or against joint custody.
750 ILCS 5/610.