[IL] How do I file a petition to modify custody after a divorce agreement?

Lexi, Chatbot

I understand that navigating court forms can be confusing. What specific form are you inquiring about?

Lexi, Chatbot

Which court or jurisdiction are you looking to file this form in?

Queeneth E. Esq

Hello and welcome to this service. My name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today. First, I need to ask you a few questions to give you the best answer. (Kindly note that our conversation does not establish an attorney-client relationship.)

Are you seeking to modify an existing custody order, or is this the first time you're filing for custody? Has there been a significant change in circumstances that prompted you to seek a custody change?

Queeneth E. Esq

Thank you for the feedback. Please allow me some time to prepare a response. I will get back to you shortly.

Queeneth E. Esq

Thank you for your patience. Yes, you can file in court in White County, Illinois, but if this is the first time you are asking for custody, the form is probably not a “petition for custody changes.” In Illinois, the court system uses “allocation of parental responsibilities” for custody/visitation issues. For a first case, you usually file an initial petition, not a modification. Illinois statewide family forms must be accepted by all Illinois courts.

If this is your first custody filing and parentage has already been legally established (for example, by a court order or a valid voluntary acknowledgment of parentage), the right form is usually the petition for allocation of parental responsibilities. Illinois Legal Aid Online says that form is for asking the judge to give you decision-making responsibility and parenting time, and it should be filed in the county where the child lives.

If this is your first custody filing and parentage has not been established yet, then you likely need a parentage form instead. Illinois Legal Aid Online has a parentage and allocation petition for mother for cases where there is no court or administrative order about parentage and no valid VAP.

First-time custody case: usually not a “custody changes” form.
Existing custody/allocation order already in place: then a modification form may be the right one.
No parentage established: likely a parentage + allocation filing instead.

For White County, the circuit clerk handles family filings. The courthouse is at 301 E Main, Carmi, IL 62821, phone (618) 382-2321, and the courthouse has an e-filing kiosk on the first floor if you need help filing electronically.

If filing fees are a problem, Illinois has statewide fee waiver for civil cases forms, including an application for waiver of court fees, and all Illinois courts must accept those forms too.

Is there anything else you would like me to explain or any additional information you need? Feel free to ask.

Queeneth E. Esq

Since you already have a divorce agreement with custody arrangements, this is usually a modification case, not a first-time custody case. So the main form you want is: Motion to modify the allocation of parental responsibilities. Illinois Legal Aid Online says this is the form to use when there is an existing parental responsibilities/parenting time/child support order that you want to change. (750 ILCS 5/610.5)

For the fee waiver, the Illinois statewide forms are:

1. Application for waiver of court fees
2. Order on application for waiver of court fees

If you are filing the modification yourself, you will usually also need the standard motion filing forms:

1. Motion
2. Notice of court date for motion
3. Proof of delivery

If you use the Illinois Legal Aid Online “motion to modify the allocation of parental responsibilities” form, that is the right starting form for the custody modification itself. If you need the court fees waived, add the application for waiver of court fees and the proposed order on application for waiver of court fees. Depending on how White County handles scheduling, you may also need the notice of court date for motion and proof of delivery after filing.

One correction to the wording: because you already have a custody arrangement in the divorce, the form is generally a motion to modify, not a “petition to modify” for a first case. Illinois Legal Aid Online is explicit that the modification form is for people who already have an order they want to change.

If you are also asking to change the schedule in detail, a parenting plan may be useful to attach or prepare. (750 ILCS 5/602.10)

The exact forms to gather are:

1. Motion to modify the allocation of parental responsibilities
2. Application for waiver of court fees
3. Order on application for waiver of court fees
4. Notice of court date for motion
5. Proof of delivery
6. Possibly parenting plan

Anything else you would like me to explain or any additional information you need?