Will a Judge Approve My Child Custody Change?

 Posted on June 05, 2025 in Child Custody

Child custody orders – also known as parenting plans – are not set in stone. As children grow and family situations evolve, it is sometimes necessary to revisit and revise existing parenting arrangements. Still, the process is not automatic. A judge will only approve a custody change if it meets specific legal standards. 

As of June 2025, Illinois courts continue to apply a "best interests of the child" analysis under the Illinois Marriage and Dissolution of Marriage Act when considering custody modifications. For help understanding what this means, and whether now is the time to ask a judge to change your custody order, talk to our Naperville, IL child custody lawyers today.

How Do You Prove a Custody Change is in Your Child’s Best Interests? 

Under 750 ILCS 5/610.5, a parent who wants to change an existing allocation of parental responsibilities or parenting time must show that there has been a substantial change in circumstances since the last order, and that the modification is in the child’s best interests.

The law allows for limited exceptions. For example, if both parents agree to the change, or if the current arrangement seriously endangers the child’s well-being, a parenting plan could be changed without a substantial change in circumstances; but generally, the standard for modification is high.

What Counts as a Substantial Change in Circumstances?

Illinois courts interpret "substantial change" based on the facts of each case. A judge will not approve a change simply because one parent prefers a new arrangement. The change must be meaningful and have a direct impact on the child’s life. Some common examples include:

• A parent wants to relocate or has moved far away.

• A parent’s work schedule no longer supports the existing arrangement.

• A child develops new medical or educational needs.

• A parent begins demonstrating harmful or neglectful behavior.

Will the Judge Consider My Child’s Wishes in a Custody Case?

Illinois law allows the court to consider the child’s preferences, especially if the child is mature enough to express a sensible opinion, but this is not the most important factor. The judge will weigh the child’s wishes alongside other factors, such as the parents’ ability to cooperate, the child’s adjustment to home and school, and any history of abuse or neglect.

Can Mediation Help with Custody Changes?

In DuPage County, court-approved mediation can play a valuable role in resolving parenting disputes. When parents attend mediation voluntarily and in good faith, it can lead to a faster, more amicable resolution. Judges are more likely to approve custody changes when both parents propose a mutually agreed-upon plan.

Because Attorney Don Pesce is approved as a custody mediator in DuPage County, he can help guide you through both the legal and practical aspects of mediation and negotiation.

Contact a Naperville, IL Child Custody Lawyer

If your child’s needs or your family’s circumstances have changed, changing your current parenting plan may be necessary. Our DuPage County, IL custody attorneys can help you evaluate whether a judge is likely to approve the change and assist you with filing or resolving disputes through mediation. Contact a Naperville, IL child custody lawyer at Pesce Law Group, P.C. at 630-352-2240 for a free consultation.