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The Illinois Petition To Modify form serves as a crucial document for individuals seeking to change existing visitation arrangements in family court. This form allows a parent or guardian to formally request a modification of visitation terms previously established by the court. When completing this petition, it is essential to provide accurate information about both parents, the case number, and the current visitation schedule. The form includes specific sections for detailing the reasons for the requested changes, ensuring that all relevant circumstances are clearly articulated. Additionally, the petitioner must sign the document, affirming that the information provided is truthful. Once the petition is completed, it must be filed with the court along with a Notice of Motion, which notifies the other parent of the request. The process can lead to a new visitation order being issued on the day of the court appearance, making it vital to prepare the form carefully and thoroughly. By following the structured instructions, individuals can navigate this legal process more effectively, increasing the likelihood of achieving a favorable outcome.
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PETITION TO MODIFY VISITATION FORM AND INSTRUCTIONS
Purpose
File this Petition to Modify Visitation along with a Notice of Motion to ask the court to order a change in visitation. This form asks the court to hear your request for a change.
What You Have to Do
You must complete this petition and bring it with you to file when you go to get a court date. If your petition goes according to plan, the judge will order a new visitation arrangement on the day you are in court. As was true with the rest of the documents in your case, it is important that you complete this carefully. This petition asks for a new visitation arrangement, so make sure it says what you want it to say. Most of the work has been done for you.
How to Complete the Sheet
You have two choices. You can fill in the form on and then print it out. Or, you can print the form from your computer and fill in the form with a pen or typewriter.
To use your computer to fill in the form, move your mouse over the lines you need to fill in and start typing your information. If you want to erase all of the information you have typed in the form, click on the “form reset” button on the last page of the form.
Please note that you cannot type in the spaces where your signature is required.
Each numbered instruction corresponds to the same number on the Petition to Modify Visitation.
(1)Insert your name. If you are filling out this form on your computer, your name will also appear in (4) and (9).
(2)Insert the name of the other parent
(3)Insert the case number. If you were married to the other parent, then copy the case number from your Judgment of Dissolution of Marriage. If you were never married to the other parent, then copy the case number from the last Visitation Order.
(4)Insert your name if it is not already filled in.
(5)If you were married to the other parent, insert “a Judgment of Dissolution of Marriage.” If you were not married to the other parent, insert “the last Court Order”
(6)If you were married to the other parent, insert the date the Judgment of Dissolution of Marriage was entered. If you were not married to the other parent, insert the date the last Court Order was entered.
(7)Fill in the information about your current visitation arrangements. Copy the visitation schedule from the Dissolution of Marriage, or from your last Court Order. For, example you may have visitation every other weekend, or one weekend a month. You may have visitation on certain holidays, or every other birthday. If you do not have enough room, you may use this form as a guide to create your own form.
(8)Fill in the reasons you are asking the judge to modify the schedule. If there were any dates that you asked to see your children and were not allowed to by the other parent, include those dates here. If you do not have enough room, you may use this form as a guide to create your own form.
(9)Insert your name if it is not already filled in.
(10)This is the first place you will sign your name after you have completed the petition.
(11)This oath swears that everything you have stated in the Petition is true. Insert “he” if you are a man or “she” if you are a woman.
(12)This is the second place you will sign your name after you have completed the petition.
(13)Fill in the date on this line when you sign the petition.
(14)Insert your name.
(15)Insert your street address.
(16)Insert your city, state and ZIP code.
(17)Insert your telephone number.
Make three (3) additional copies of the petition.
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT — DOMESTIC RELATIONS DIVISION
(1) __________________________, |
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Petitioner, |
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No. (3) _______________ |
AND |
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(2) __________________________, |
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Respondent, |
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PETITION TO MODIFY VISITATION
(4)__________________________ petitions this Honorable Court, pursuant to Statute, to modify the existing visitation order, and states that the following is true and correct.
1.That I am the petitioner in this cause.
2.That (5) _________________________________ was entered on
(6)____________________ which awarded me the following visitation:
3.That the visitation schedule needs to be modified because
(8)
WHEREFORE, (9) __________________________ seeks the following relief:
A.That this Court enter an Order modifying the previous visitation schedule; or in the alternative, enter an Order sending us to mediation;
B.That this Court award any further and additional relief it deems just.
(10)______________________________
STATE OF ILLINOIS |
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COUNTY OF COOK |
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Under penalties of perjury as provided by law pursuant to Section
(12) ______________________________
DATED: (13) _______________________
(14)
Pro Se
(15)
(16)
(17)
Form Specifications
| Fact Name | Description |
|---|---|
| Purpose | The form is used to request a change in visitation arrangements from the court. |
| Filing Requirements | Submit the petition along with a Notice of Motion to obtain a court date. |
| Completion Options | You can fill out the form online and print it or print it first and fill it out by hand. |
| Signature Requirements | Sign the petition in designated areas; typing is not allowed in those spaces. |
| Case Number | Include the case number from your Judgment of Dissolution of Marriage or last Visitation Order. |
| Current Visitation | Detail your existing visitation arrangements, including frequency and specific dates. |
| Reasons for Modification | Provide reasons for requesting a change in the visitation schedule, including denied visitation dates. |
| Copies Required | Make three additional copies of the completed petition for court records. |
| Governing Law | This petition is governed by the Illinois Code of Civil Procedure. |
| Final Relief Requested | You can ask the court to modify the visitation order or send the parties to mediation. |
Illinois Petition To Modify: Usage Guidelines
Once the Illinois Petition to Modify form is completed, it must be filed with the court to initiate the process of changing visitation arrangements. After filing, a court date will be set for a hearing where a judge will review the petition and make a determination based on the information provided.
- Insert your name in the first field.
- Insert the name of the other parent in the second field.
- Insert the case number. If you were married, use the number from your Judgment of Dissolution of Marriage. If not, use the number from the last Visitation Order.
- Confirm your name is filled in again in the fourth field.
- If married, write “a Judgment of Dissolution of Marriage.” If not married, write “the last Court Order.”
- Insert the date the Judgment of Dissolution of Marriage was entered or the date of the last Court Order.
- Fill in the current visitation arrangements. You can copy this from your previous court documents.
- Provide reasons for requesting a modification of the visitation schedule. Include any instances where you were denied visitation.
- Confirm your name is filled in again in the ninth field.
- Sign your name in the designated signature line.
- Indicate your gender by inserting “he” or “she” in the appropriate space.
- Sign your name again in the second signature line.
- Fill in the date when you sign the petition.
- Insert your name in the designated field.
- Insert your street address.
- Insert your city, state, and ZIP code.
- Insert your telephone number.
- Make three additional copies of the completed petition.
Your Questions, Answered
What is the purpose of the Illinois Petition to Modify form?
The Illinois Petition to Modify form is designed for individuals who wish to request a change in an existing visitation arrangement. By filing this petition along with a Notice of Motion, you are asking the court to consider your request for a modification. This form serves as a formal way to present your case to the judge, who will review your petition and determine if a new visitation order is warranted.
How do I complete the Petition to Modify form?
Completing the Petition to Modify form involves several steps. First, you can either fill it out on your computer and print it or print it first and fill it in by hand. Make sure to carefully enter all required information, such as your name, the other parent's name, and the case number. Each section of the form corresponds to specific instructions, making it easier to follow. Be precise in detailing your current visitation arrangements and the reasons for the modification. After filling it out, you will need to sign the document and make three copies before filing it with the court.
What should I include in the reasons for modification?
When stating your reasons for requesting a modification, it is crucial to be clear and specific. Include any relevant details about your current visitation schedule, such as dates you were unable to see your children due to the other parent's actions. The more information you provide, the better the court can understand your situation. If you run out of space on the form, you may create an additional document to elaborate on your reasons.
What happens after I file the Petition to Modify?
Once you file the Petition to Modify with the court, you will typically be given a court date for a hearing. During this hearing, the judge will review your petition and listen to both parties. If everything goes well, the judge may issue a new visitation order on that day. However, it is also possible that the court may suggest mediation to resolve any disputes regarding visitation. Being prepared with all necessary documentation and a clear understanding of your desired outcome can help facilitate the process.
Do I need legal representation to file this petition?
While it is not mandatory to have a lawyer to file the Illinois Petition to Modify, having legal representation can be beneficial. A lawyer can provide guidance on how to effectively present your case and ensure that all necessary documentation is completed correctly. If you choose to represent yourself, it is essential to thoroughly understand the process and requirements to increase your chances of a favorable outcome.
Common mistakes
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Failing to include all required names. Make sure to enter your name and the other parent's name in the appropriate sections. Missing names can lead to delays.
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Not copying the correct case number. Ensure you use the case number from the Judgment of Dissolution of Marriage or the last Visitation Order. An incorrect case number can cause confusion.
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Overlooking the current visitation arrangements. Clearly state your existing visitation schedule. If you don’t provide this information, the judge may not understand your situation.
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Neglecting to explain why you want to modify the schedule. Include specific reasons and any dates when you were denied visitation. This information is crucial for the judge's decision.
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Not signing the petition in the correct places. There are multiple spots for your signature. Ensure you sign where indicated to validate your request.
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Forgetting to include your contact information. Provide your street address, city, state, ZIP code, and phone number. This allows the court to reach you easily.
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Not making enough copies of the petition. You need to create three additional copies. This is important for court records and for the other parent.
Documents used along the form
When seeking to modify visitation arrangements in Illinois, several additional forms and documents may be necessary to support your petition. Each of these documents serves a specific purpose in the legal process and helps ensure that your request is properly considered by the court.
- Notice of Motion: This document informs the other parent and the court of your intention to request a modification of visitation. It outlines the date, time, and location of the hearing, allowing all parties to prepare accordingly.
- Affidavit: An affidavit is a written statement that is sworn to be true. In this context, it may include details supporting your reasons for seeking a modification, such as changes in circumstances or the needs of the child.
- Proposed Order: This document outlines the specific changes you are requesting in the visitation schedule. It provides the judge with a clear understanding of what you are asking for, making it easier for them to grant your request.
- Certificate of Service: This form confirms that you have provided the other parent with copies of the petition and any related documents. It is essential for demonstrating that you have followed proper legal procedures.
- Child Support Worksheet: If the modification of visitation affects child support arrangements, this worksheet may be required. It helps calculate any changes in financial obligations based on the new visitation schedule.
- Parenting Plan: If there is an existing parenting plan, you may need to submit an updated version that reflects the proposed changes in visitation. This plan outlines the responsibilities and rights of each parent regarding the child's upbringing.
- Financial Disclosure Statement: In cases where financial circumstances are relevant to the modification, this statement provides an overview of your financial situation. It may be necessary for the court to assess the impact of changes on child support or other financial obligations.
- Mediation Agreement: If the court requires mediation before a hearing, any agreements reached during this process should be documented. This agreement can help streamline the court's review and facilitate a smoother resolution.
Understanding these documents and their purposes can help you navigate the process of modifying visitation more effectively. Each form plays a critical role in ensuring that your petition is complete and that your rights, as well as those of your child, are protected. Taking the time to prepare these documents carefully can lead to a more favorable outcome in your case.
Similar forms
The Illinois Petition to Modify form is similar to several other documents used in family law cases. Here are ten documents that share similarities:
- Petition for Dissolution of Marriage: This document initiates the divorce process and outlines the terms for custody and visitation, similar to how the Petition to Modify addresses changes in visitation arrangements.
- Motion for Temporary Custody: This motion requests temporary custody during divorce proceedings, just as the Petition to Modify seeks changes to existing visitation schedules.
- Petition for Allocation of Parental Responsibilities: This form deals with parental responsibilities and can include visitation terms, paralleling the focus on visitation in the modification petition.
- Notice of Motion: This document informs the other party about a court hearing, much like how the Petition to Modify requires a Notice of Motion to be filed alongside it.
- Response to Petition: This document allows the other parent to respond to the modification request, similar to how the Petition to Modify allows one party to request changes.
- Parenting Plan: This outlines the agreed-upon visitation and custody arrangements, akin to the visitation schedule detailed in the Petition to Modify.
- Motion to Enforce Visitation: This motion is filed when one parent is not following the visitation order, similar to how the Petition to Modify may address issues with the current visitation arrangement.
- Order of Protection: This document can restrict contact and visitation if necessary, relating to how the Petition to Modify can request changes based on safety concerns.
- Petition for Child Support Modification: This document requests changes to child support, often considered alongside visitation changes, as both affect the child's welfare.
- Final Judgment of Dissolution of Marriage: This document finalizes the divorce and includes custody and visitation arrangements, similar to the initial terms that the Petition to Modify seeks to change.
Dos and Don'ts
When filling out the Illinois Petition To Modify form, it’s crucial to approach the task with care. Here are seven important things to do and avoid:
- Do read the instructions thoroughly before starting. Understanding the requirements will help you complete the form correctly.
- Don’t leave any required fields blank. Every section needs to be filled out to ensure your petition is considered.
- Do provide accurate information about your visitation arrangements. This clarity is vital for the judge to understand your situation.
- Don’t use vague language when explaining why you want to modify the visitation. Be specific and provide relevant details.
- Do double-check your spelling and grammar. A well-presented petition reflects your seriousness and attention to detail.
- Don’t forget to make copies of your completed petition. You will need these for your records and for filing with the court.
- Do sign where indicated. Missing signatures can delay your petition and create unnecessary complications.
Taking these steps will help ensure your petition is processed smoothly. Act promptly to avoid any delays in your case.
Misconceptions
- Misconception 1: The Petition To Modify form is only for parents who have been married.
- Misconception 2: You must hire a lawyer to file this petition.
- Misconception 3: The petition guarantees a change in visitation.
- Misconception 4: You need to fill out the entire form perfectly on the first try.
- Misconception 5: You can submit the petition without a court date.
- Misconception 6: The judge will immediately decide on the modification during the first hearing.
- Misconception 7: You cannot make changes to the visitation schedule if the other parent disagrees.
This form can be used by any parent, regardless of marital status. Whether you were married or not, you can file a petition to modify visitation.
You can represent yourself in court. The form is designed for individuals to complete without legal representation, although legal advice can be beneficial.
Filing the petition does not automatically result in a modification. The court will review the request and make a decision based on the evidence presented.
It’s okay to make mistakes. You can print the form, fill it out, and if needed, start over. The instructions guide you through the process.
You must file the petition and obtain a court date before the court will hear your request. This is a crucial step in the process.
The judge may schedule additional hearings or request more information before making a decision. It’s important to be prepared for this possibility.
Even if the other parent disagrees, you can still file a petition. The court will consider both parents' views before making a decision.
Key takeaways
Purpose of the Petition: The Illinois Petition to Modify Visitation is intended for individuals seeking to change existing visitation arrangements. It is essential to file this petition along with a Notice of Motion to formally request a court hearing on the matter.
Completing the Form: Individuals have two options for filling out the form: they can either type directly into a digital version or print a blank form and fill it out by hand. It is crucial to ensure that all required information is accurately provided.
Detailing Current Arrangements: When completing the petition, it is important to clearly outline the current visitation schedule. This includes specifying details such as frequency and any special arrangements, like holiday visitation.
Providing Justification: The petition must include reasons for requesting a modification. If there have been instances where visitation was denied, those dates should be documented to support the request.