1. You are a mother or a father who... 2. You and the child(ren)’s other parent agree on... CHANGING CUSTODY BY AGREEMENT
Transcription
1. You are a mother or a father who... 2. You and the child(ren)’s other parent agree on... CHANGING CUSTODY BY AGREEMENT
CHANGING CUSTODY BY AGREEMENT Use these forms if all of the following are true for you: 1. You are a mother or a father who has a child custody order issued by an Illinois judge. 2. You and the child(ren)’s other parent agree on the custody change(s). Custody can be one of two types… 1) Joint custody means that you and the other parent cooperate in raising the child(ren) and consult one another on major life decisions such as the child(ren)’s education, religious training and health care. Typically, a judge orders one of the parents to be the “residential parent” – this is the parent with whom the children live most of the time. The nonresidential parent is ordered to pay child support and is allowed visitation. 2) Sole custody means that one of the parents is chosen as the primary custodial parent. This means that the child(ren) lives with that parent and that parent can make major decisions about the child(ren) without consulting the other parent. Sole custody does NOT mean that the other parent is not involved with the child(ren). Unless the other parent poses a danger to the child(ren), the court will order visitation between the child(ren) and the other parent. The other parent also has a right to access the child(ren)’s school and medical records and to participate in his/her activities. The noncustodial parent is ordered to pay child support. If you do not meet these qualifications, you need to consult an attorney and/or use another set of forms. If you meet the above qualifications, then you can use the following forms to change child custody by agreement. Now, follow the Instructions on the next two pages. INSTRUCTIONS FOR JOINT MOTION TO CHANGE CUSTODY BY AGREEMENT Parents who have a Child Custody Order from an Illinois Court 1. Look at your most recent Child Custody Order and use the same caption when you fill out the following Joint Motion. The caption is the information listed at the top half of the page on the first page of the order. Copy the same judicial circuit, county, case number, and parent’s names. If you are listed as the “Petitioner” on the original custody order, then you should also be listed as the Petitioner when you complete the following Joint Motion. The other parent would be the “Respondent”. 2. When completing number 7 of the Motion, fill in the visitation details on which you and the other parent have agreed. You may also wish to use the Visitation Worksheet which follows the Motion. When setting visitation, be as specific as possible. For example, “Father will pick up child at 6:00 p.m. at Mother’s home on Friday for a weekend visit every other weekend. On those weekends, Mother will pick up child at Father’s home at 6:00 p.m. on Sunday.” Or, “Child will spend his/her birthday dinner every year with both parents.” Or, “Father agrees to pay Mother $400/month for child support through the State Disbursement Unit (SDU).” 3. After you complete the Motion, make 2 copies. Attach a copy of the most recent Child Custody Order for each child listed on the Motion to the original Motion and to each copy of the Motion. 4. Complete the Affidavit in Support of Change of Custody. Each parent should complete their own Affidavit and sign and date the affidavit. Make 2 copies of each affidavit. 5. You should file your papers at the same courthouse where you got your most recent custody order. Contact the Circuit Clerk at the courthouse to schedule a court date for a hearing on your Motion. Make sure that the court date is at least 21 days in the future. Using the information the Clerk gives you about the court date, fill out Notice of Hearing. Make 2 copies. 6. File the Joint Motion (with the most recent child custody order(s) attached and any other agreement, such as the Visitation Worksheet), both Affidavits and Notice of Hearing with the Circuit Clerk. The Circuit Clerk will file stamp all your papers and keep the originals. The Clerk will give you back your stamped copies. NOTE: If you are required to pay filing fees and wish to waive them, then go to the following link How to File Court Papers for Free or enter “fee waiver” into the search box on the Illinois Legal Aid website. 7. Mail 1 copy of each document to the other parent, by regular mail. Keep 1 copy of each document for your records. Make sure that you mail the Joint Motion, Affidavits and Notice at least 14 days before the date of the hearing. 8. After mailing Notice of Hearing, fill out the Proof of Mailing– Notice of Hearing. Make 1 copy. File the original with the Clerk. Keep the copy for your records. (You do not need to send a copy of the Proof of Mailing to the other parent.) 9. Before the hearing, complete the Agreed Order to Modify Custody. Make sure that both you and the other parent sign the agreed order. Make 2 copies of the Order. 10. Go to the hearing. It is best for both parents to attend the hearing. Try to arrive at the courtroom 10 minutes before your scheduled hearing time. Check in with the judge’s clerk then sit down and wait for the judge to call your case. When the judge calls your case, step up to the bench and hand the judge the Agreed Order. 11. The judge may ask you and the other parent some questions and will complete the Order. Make sure that both you and the other parent keep a copy of the Order. 12. If the other parent does not appear in court and the judge signs your Agreed Order, then you need to mail a copy of the Agreed Order to the other parent. Once you have mailed the Agreed Order, complete the form titled Proof of Mailing – Agreed Order to Modify Custody. After you complete the form, file the form with the Circuit Clerk. The following forms are included in this document… • Joint Motion to Modify Custody and Visitation by Agreement (4 pages) • Visitation Worksheet (optional – 1 page) • Petitioner’s Affidavit in Support of Change of Custody (1 page) • Respondent’s Affidavit in Support of Change of Custody (1 page) • Notice of Hearing (1 page) • Proof of Mailing – Notice of Hearing (1 page) • Agreed Order to Modify Custody (2 pages) • Proof of Mailing – Agreed Order (1 page) If child support is changing, you should also complete another set of forms. Generally, the parents’ child support obligations will change if the residential parent is changing from one parent to the other. Go to the following link Changing Child Support Payments or enter “change child support” into the search box on the Illinois Legal Aid website. The “Child Support Modification” HotDoc will create the forms needed to change child support … • Joint Petition for Modification of Child Support • Uniform Order for Support • Child Support Data Sheet • Notice to Withhold The following forms are fillable PDFs and require Adobe Reader to view and complete. Adobe Reader is free software, available for download at http://get.adobe.com/reader/. IN THE CIRCUIT COURT OF THE ________ JUDICIAL CIRCUIT _______________ COUNTY, ILLINOIS , Petitioner, and , Respondent. ) ) ) ) ) ) ) No. JOINT MOTION TO MODIFY CUSTODY AND VISITATION BY AGREEMENT , without the assistance of an attorney, pursuant to the Illinois Dissolution of Marriage Act and the Illinois Parentage Act, asks this Court to modify the custody order of the minor child(ren) listed in this Motion. In support of this Motion, I state as follows: 1. Petitioner’s information: Name Address Date of Birth Employer Occupation Date of Birth Employer Occupation 2. Respondent’s information: Name Address 3. Children A. Petitioner and Respondent are the parents of the following child(ren): Child’s Name 1. Date of Birth (Month / Date / Year) Currently Living With 2. 3. 4. 5. (Attach additional pages as needed) B. Page 1 Custody of the child(ren) was already established in this case. A copy of the most recent order is attached to this Motion. 4. Custody Petitioner and Respondent are in agreement that it is in the best interest of the child(ren) that custody be modified as follows (Check A, B or C); A. Temporary and permanent sole custody of be awarded to me. B. Temporary and permanent joint custody of be awarded to both parents, with me as the residential parent. C. Temporary and permanent joint custody of be awarded to both parents, with the other parent as the residential parent. 5. Visitation It is in the best interests of the child(ren) that the Court provide for visitation as follows (Check A, B or C): A. Reserve visitation with Petitioner. (“Reserving” means that you and the other parent are holding off on setting a visitation schedule until later.) B. Reserve visitation with Respondent. (“Reserving” means that you and the other parent are holding off on setting a visitation schedule until later.) C. See the attached Visitation Worksheet/Schedule. 6. Child Support (Check A or B): A. The parties do not wish to change their current child support payments or obligations. B. The parties wish to change child support and a separate Petition to Modify Child Support has been or will be filed in this case. 7. Other Agreements The parties have reached agreement(s) on other custody, visitation or other issues as follows: (Attach any written agreements or type the details of the agreement below.) Page 2 (Attach additional pages if needed) . Relief Requested: Therefore, I ask that an Agreed Order be entered which provides as follows: A. That custody of the child(ren) be changed so that (check one): Sole custody of the minor child(ren) be changed from Respondent to Petitioner. OR Sole custody of the minor child(ren) be changed from Petitioner to Respondent. OR The parties share joint legal custody of the minor child(ren), with Petitioner as the residential parent. OR The parties share joint legal custody of the minor child(ren), with Respondent as the residential parent. OR The residential parent for joint legal custody of the minor child(ren) be changed from the Petitioner to the Respondent. OR The residential parent for joint legal custody of the minor child(ren) be changed from the Respondent to the Petitioner. B. That visitation with the minor child(ren) be (check one): Granted to Petitioner or Respondent. OR That visitation be reserved. C. That any other appropriate relief be granted. SIGNED: Page 3 PARENT WHO IS FILING THIS MOTION CERTIFICATION Under the penalties for perjury provided by Section 1-109 of the Illinois Code of Civil Procedure, I certify that my statements in this document are true and correct. DATE: SIGNED: PARENT WHO IS FILING THIS MOTION PRINT PARENT’S NAME PARENT’S ADDRESS CITY / STATE / ZIP Page 4 ( ) TELEPHONE VISITATION WORKSHEET FOR PARENTS Event/Holiday Mother Father New Year’s Eve/Day Mother’s Day Every year Memorial Day Labor Day Father’s Day Every year Thanksgiving Christmas Eve/Day (or other holiday) Winter Break (school year) Child’s birthday ___/___ Child’s birthday ___/___ Mother’s birthday ___/___ Father’s birthday ___/___ Spring Break (school year) Summer Vacation(s) Weekends (specify if every other weekend, every weekend, first weekend in the month, etc., which parent will pick up and when/where) Weekdays (specify if every week, every other week, etc.; which parent will pick up and when/where) Other holiday/event Other holiday/event Other holiday/event Page 5 Every year Every year STATE OF ILLINOIS COUNTY OF ___________ ) ) ) IN THE CIRCUIT COURT OF THE _________JUDICIAL CIRCUIT _______________ COUNTY, ILLINOIS , Petitioner, and , Respondent. ) ) ) ) ) ) ) No. PETITIONER’S AFFIDAVIT IN SUPPORT OF CHANGE OF CUSTODY Petitioner herein certifies under penalty of perjury pursuant to Sec. 1-109 of the Code of Civil Procedure the following: 1. That she/he is the Petitioner in the above-entitled cause. 2. That the parents have agreed that the child/children shall live with __________ 3. That the parents have agreed that ________ . , is a fit and proper person to be awarded the care, custody and control of the parents’ minor child(ren) ______ . 4. That the parents have agreed that ___________________ will maintain reasonable visitation as follows: 5. Further affiant sayeth not. STATE OF ILLINOIS ) ) COUNTY OF ______________ ) Under penalties of perjury as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this affidavit are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies that she/he verily believes the same to be true. __________________________________ Petitioner Dated: __________________________ STATE OF ILLINOIS COUNTY OF ___________ ) ) ) IN THE CIRCUIT COURT OF THE _________JUDICIAL CIRCUIT _______________ COUNTY, ILLINOIS , Petitioner, and , Respondent. ) ) ) ) ) ) ) No. RESPONDENT’S AFFIDAVIT IN SUPPORT OF CHANGE OF CUSTODY Respondent herein certifies under penalty of perjury pursuant to Sec. 1-109 of the Code of Civil Procedure the following: 1. That she/he is the Respondent in the above-entitled cause. 2. That the parents have agreed that the child/children shall live with __________ 3. That the parents have agreed that ________ . , is a fit and proper person to be awarded the care, custody and control of the parents’ minor child(ren) ______ . 4. That the parents have agreed that ___________________ will maintain reasonable visitation as follows: 5. Further affiant sayeth not. STATE OF ILLINOIS ) ) COUNTY OF ______________ ) Under penalties of perjury as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this affidavit are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies that she/he verily believes the same to be true. __________________________________ Respondent Dated: __________________________ IN THE CIRCUIT COURT OF THE _________JUDICIAL CIRCUIT _______________ COUNTY, ILLINOIS , Petitioner, and , Respondent. ) ) ) ) ) ) ) No. NOTICE OF HEARING – Joint Motion to Modify Custody and Visitation by Agreement TO: PRINT OTHER PARENT’S NAME OTHER PARENT’S ADDRESS CITY / STATE / ZIP You are hereby notified that a court hearing on a JOINT MOTION TO MODIFY CUSTODY AND VISITATION BY AGREEMENT is scheduled in this case for the following date, time and place: DATE: , 20____ TIME: PLACE: A.M. / P.M. _______________ County Courthouse Courtroom _______________________________ _______________________________ You have the right to appear in court for this hearing. DATED: SIGNED: PRINT YOUR NAME YOUR ADDRESS CITY / STATE / ZIP TELEPHONE YOUR SIGNATURE IN THE CIRCUIT COURT OF THE _________JUDICIAL CIRCUIT _______________ COUNTY, ILLINOIS , Petitioner, and , Respondent. ) ) ) ) ) ) ) No. PROOF OF MAILING - Notice of Hearing Under the penalties for perjury provided by Section 1-109 of the Illinois Code of Civil Procedure, I certify , 20____, I mailed by 1st Class U.S. Mail a copy of that on the NOTICE OF HEARING addressed to: OTHER PARENT’S NAME OTHER PARENT’S ADDRESS CITY / STATE / ZIP DATED: , 20___ SIGNED: YOUR SIGNATURE PRINT YOUR NAME YOUR ADDRESS CITY / STATE / ZIP TELEPHONE IN THE CIRCUIT COURT OF THE ________ JUDICIAL CIRCUIT _______________ COUNTY, ILLINOIS , Petitioner, and , Respondent. ) ) ) ) ) ) ) No. AGREED ORDER TO MODIFY CUSTODY AND VISITATION This cause coming to be heard on the party’s Joint Motion to Modify Custody and Visitation by Agreement. Proper notice of the hearing was given, and Petitioner Respondent appeared. The Court being advised in the premises hereby finds and orders: 1. Custody – Modification Standard The parties agree to modify the custody of the child(ren) NAME OF CHILD(REN) __________. 2. Custody – Determination It is in the best interest of the child(ren): (check one) Sole custody of the minor child(ren) be changed from Respondent to Petitioner. OR Sole custody of the minor child(ren) be changed from Petitioner to Respondent. OR The parties share joint legal custody of the minor child(ren), with Petitioner as the residential parent. OR The parties share joint legal custody of the minor child(ren), with Respondent as the residential parent. OR The residential parent for joint legal custody of the minor child(ren) be changed from the Petitioner to the Respondent. OR The residential parent for joint legal custody of the minor child(ren) be changed from the Respondent to the Petitioner. 3. Visitation It is in the best interests of the child(ren) that reasonable visitation be: (check one) A. Reserved for Respondent or Petitioner. OR B. As determined by agreement of the parties, visitation will occur as follows: (write in the specifics of visitation on the lines below or attach the visitation worksheet) 4. Child Support (check box 1 or 2 only if the parent who has been paying child support will now be the parent with sole custody or the residential parent; if child support will not be changing, then check box 3) 1. OR 2. OR 3. Respondent’s child support obligation is terminated and a separate Motion and Order to Modify Child Support have been filed and entered in this case. Petitioner’s child support obligation is terminated and a separate Motion and Order to Modify Child Support have been filed and entered in this case. There will be no change in the parties’ current child support obligations. 5. Other relief as follows: 6. That the Court shall retain jurisdiction of this cause for purposes of enforcing this Order and for consideration of reserved matters. DATED: , 20___ ENTER: JUDGE APPROVED: ______________________________________ Respondent ______________________________________ PRINT RESPONDENT’S NAME ______________________________________ RESPONDENT’S ADDRESS ______________________________________ CITY / STATE / ZIP ______________________________________ Petitioner ______________________________________ PRINT PETITIONER’S NAME ______________________________________ PETITIONER’S ADDRESS ______________________________________ CITY / STATE / ZIP IN THE CIRCUIT COURT OF THE _________JUDICIAL CIRCUIT _______________ COUNTY, ILLINOIS , Petitioner, v. , Respondent. ) ) ) ) ) ) ) No. PROOF OF MAILING - Agreed Order to Modify Custody Under the penalties for perjury provided by Section 1-109 of the Illinois Code of Civil Procedure, , 20___, I mailed by 1st Class U.S. Mail a I certify that on copy of the AGREED ORDER TO MODIFY CUSTODY AND VISITATION addressed to: PRINT OTHER PARENT’S NAME OTHER PARENT’S ADDRESS CITY / STATE / ZIP DATED: , 20___ SIGNED: YOUR SIGNATURE PRINT YOUR NAME YOUR ADDRESS CITY / STATE / ZIP TELEPHONE