Family & Safety

If you want to change your parental responsibilities order, you will need to file a motion A request to the judge to make the court or a party in the case do something in court to modify To change or adjust the most recent order and then present the motion to a judge. The first thing you should do is be sure you have a copy of the most recent parental responsibilities (custody) order. 

The current parental responsibilities order is important because you will need to attach a copy to your motion to modify. Also, it tells the judge and you:

• The date of the parental responsibilities order,
• The type of arrangement between you and the other parent,
• The case number A number assigned to a case that is on every paper filed in the case for the case,
• A parenting time Time that a child spends with a parent. Usually, the child lives mostly with one parent and has regular contact with the other (formerly called visitation). schedule with the child,
• Which parent pays child support Money paid by a parent to help another parent support a minor child or an adult child with a disability , and
• How often and how much child support is paid.

If you do not have a parental responsibilities court order in place and need to get one, you can learn more about this process.

Note that the term "custody" is no longer used in the law. The new term is parental responsibilities.

The next step is to prepare the court forms listed and linked below. For these forms, use the same case number A number assigned to a case that is on every paper filed in the case as the one on your current parental responsibilities order. You will find this number at the top of the first page of the court order.

After you have completed and signed each form, make at least two copies of each form because you will need one copy and the other parent will need one copy: 

• Motion to Modify Parental Responsibilities: It is important to carefully fill out this form with as many details as possible. If you forget to ask for something in your motion, the court cannot give it to you. Remember to attach a copy of the most recent parental responsibilities order you are trying to change to your motion. If the parental responsibilities order is part of another order such as a judgment An official decision by a court that ends the dispute between parties for Dissolution of Marriage Divorce  or Parentage The relationship between a parent and a child Order, also attach a copy of that order to ensure the motion to modify is complete.
• Notice of Court Date for Motion: Call the circuit court The lowest level of court in Illinois clerk for instructions on how to obtain the initial court date, time, and location. Be sure to complete all sections including the method of delivery of the Notice.
• Affidavit: You need to complete this Affidavit only if it has been less than two years since the original parental responsibilities order was signed. The affidavit must state why you want the parental responsibilities changed so soon.

If you want to change child support as well, you also need to complete additional forms. Child support will change if the parent receiving support is changing from one parent to the other. For more information see Changing child support.

You can call the circuit court clerk's office to ask how you obtain a hearing When the parties in a case present their sides of a case to a judge or other officer date. Contact the office of the clerk of the same circuit or county court where the original parental responsibilities Making important decisions for a child (significant decision-making responsibility) and spending time with them (parenting time) order was entered. The number or name of the circuit court appears on the original order, typically at the top of the document. 

You should also ask if a remote hearing date is possible, if that is what you would prefer, and whether there are any fees for your motion A request to the judge to make the court or a party in the case do something .

If you are required to file your forms in person, you give the original and copies to the circuit clerk The office that takes care of files and documents for circuit court cases of the county where parental responsibilities were first decided by the court. However, circuit courts often require that your forms be filed electronically. The circuit court clerk’s office will direct you to the proper procedure.

If there are fees associated with your filing, you may qualify for a fee waiver. A fee waiver allows you to file for free or at a reduced cost.

After electronically filing or paper filing, you must send the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. a notice telling them about the Motion A request to the judge to make the court or a party in the case do something and when to come to court.

You will need to:

• Send a file-stamped copy of the Motion to Modify To change or adjust Parental Responsibilities Making important decisions for a child (significant decision-making responsibility) and spending time with them (parenting time) , the Notice of Motion A document that gives notice to the court and the other party. It explains someone has filed a motion, and where and when that motion will be argued before a judge. with Proof of Delivery, and the Affidavit A notarized written statement signed by a person under oath to the other parent. If you know the other parent is represented by an attorney, a file-stamped copy of these documents should also be sent to this attorney.
• The Notice of Motion with Proof of Delivery has a section called “Proof of Delivery” that you must complete before filing. In this section, you will state whether you will send the documents by e-mail, by mailing through the post office, or by hand-delivery. Be sure to complete this entire section thoroughly and sign it. 

You must properly deliver the Motion to Modify, the Notice of Motion with Proof of Delivery, and Affidavit to the other parent even if you and the other parent agreed to the change and filed the motion together.

Go to court on the day the Clerk scheduled for you and explain to the judge the change you want to make and why. The judge will make a decision and enter an order which will explain the decision.

Bring these items to your court hearing When the parties in a case present their sides of a case to a judge or other officer :

• Motion A request to the judge to make the court or a party in the case do something to Modify To change or adjust Parental Responsibilities Making important decisions for a child (significant decision-making responsibility) and spending time with them (parenting time)
• Affidavit A notarized written statement signed by a person under oath
• Notice of Motion A document that gives notice to the court and the other party. It explains someone has filed a motion, and where and when that motion will be argued before a judge. with Proof of Delivery
• Child Support Money paid by a parent to help another parent support a minor child or an adult child with a disability forms

You have the right to represent yourself in court. However, you are expected to follow the court's rules and procedures. Most people who work in the courthouse cannot give you legal advice, which means they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge. 

To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers:

• Petitioner A person who makes a written request to a court 's name (person who filed the original case),
• Respondent A person who has a petition filed against them 's name (person who the original case was filed against)
• Movant (person filing the motion)
• Case number A number assigned to a case that is on every paper filed in the case ,
• Judicial circuit, 
• County, and 
• Division.

Bring these items with you to court:

• Copies of all the documents you filed with the Circuit Clerk The office that takes care of files and documents for circuit court cases , 
• Any witnesses you want to testify To answer questions under oath , 
• Any documents you want the judge to look at, and 
• A photo ID.

Follow these suggestions when going to court:

• Be polite and dress the way you would for a job interview.
• Get to the courthouse at least 30-45 minutes before your hearing time.
• Go to the courtroom number on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the Circuit Clerk.
• Sometimes, on the wall outside of your courtroom, you will find a list of cases. Look for your case and note the line number. 
• Once inside the courtroom, check in with the judge’s clerk or coordinator sitting on either side of the judge’s seat. The clerk will want your name and line number, if you have it.
• After checking in, the clerk will tell you where to sit. 
• Listen for your name or your line number to be called and then step up to the bench Where the judge sits. Usually a table and a chair. Not an actual bench. .
• Be prepared to swear to tell the truth and to answer A written statement used to respond to the complaint or petition in a lawsuit questions truthfully.
• Briefly explain the issue(s) you would like to modify and answer any questions the judge may have.
• Listen for the court to tell you what will happen next after hearing from you and the other side.

When the hearing is finished, an order has to be written out and given to the judge’s clerk. This order will either modify the terms of the parental responsibilities order or will continue the hearing to another day. It can often take several court dates for the matter to be resolved. This means that the judge may not make a final decision on your first trip to court.

If this is your first time going to court, learn more about the process of Going to court in Illinois.

At the end of the hearing When the parties in a case present their sides of a case to a judge or other officer , ask the judge whether you should draft the order. You must be prepared. Be sure to bring blank copies of an Order for Allocation of Parental Responsibilities. Some information, like the case caption, case number A number assigned to a case that is on every paper filed in the case , and court location, can be filled out by you ahead of time. However, do not fill out anything else until the end of the hearing and until you know what the judge decided.

If you have questions about how to fill out the order, you should stand off to the side of the judge’s seat, in front of the judge’s clerk’s desk, and wait for the clerk to ask you to come forward. 

Be sure to wait in the courtroom until the judge has signed the order and returned it to the clerk. The clerk will give you a file stamped copy of the original order for your records or will tell you how to obtain a copy. It is important to keep the order in a safe place in case you need it for future court dates.