In Illinois, a custody order cannot be modified for two years after its entry, unless by stipulation of the parties, or an affidavit alleging of serious endangerment to the child. What does this mean? It means that within two years of the order, modification is going to occur only if the parties agree, or if the non-custodial parent can prove to the court that the child is being seriously abused.
A parent will have to prove to the court, by clear and convincing evidence, that the child is subject to severe physical abuse that requires medical attention, severe mental abuse that requires counseling, or sexual abuse. In other words, a parent will need evidence of another witness, such as a police officer, a doctor or counselor to testify or provide a sworn statement that they were witness to the evidence, by pictures, treatment, or statements from the child.
After two years, the modification bcome slightly easier, but only a little. When you attempt to modify a custody order, you will have to prove that the environment in which the child lives is not in the child's best interests, and that your environment is in the child's best interests. Here's why this is difficult: you can't just show you are a better parent. In other words, you have to show that the other parent is unfit, and that you are fit. The courts may not use the word, "unfit," but if you are going to try to modify the order, that is the standard that you want to aim to prove.
If you are going to undertake this battle, (and it will feel like a battle - trust me) you want to make sure that your time, money, and efforts are not wasted on a losing proposition. You have to expect the worst, hope for the best, and prepare for all possible outcomes.
