Divorce can be stressful for everyone involved, especially the children. For this reason, settling matters around the welfare of the children are typically the top priority of both parents and the courts.
Part of divorce negotiations will center around child custody. Parents may come up with a parenting plan that works for them. Otherwise, the court will deem who gets custody and visitation based on the child’s best interests. Court orders are legally binding and must be honored. However, there are some instances where a judge may consider adjusting a child custody order. Outlined below are some common reasons for modifying child custody.
For the benefit of the child
Children grow up quickly, not just in terms of physicality, but also in emotional capabilities. In the aftermath of a divorce, the court may have decided that less visitation was in the child’s best interests at the time. However, that may no longer be the case as they have grown. The opposite can also be true. The court could decide that more frequent visits might unsettle the child, particularly if they are in a vulnerable state.
When custody terms have been broken
As previously stated, child custody orders are legally binding and both parents must stick to them. It is irrelevant whether one or both parents disagree with the order. If a parent breaks the terms of a child custody order without going through the proper channels, their custody rights could be altered and may also be found in contempt of court.
By taking the appropriate steps, it might be possible to modify a child custody order. However, it is vital to remember the legally binding nature of such an instrument. As a parent, it may be in your best interests to fully understand your legal rights and options in the state of Illinois.