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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