Can I Modify Child Custody if My Ex Got Arrested?

 Posted on January 08, 2025 in Child Custody

In Illinois, all child custody laws are designed to protect children’s best interests. The law recognizes that sometimes, what is in a child’s best interest changes after a parenting plan is established. Parents often change after a divorce or breakup. A parent who knew very little about childcare may rise to the occasion of becoming a single co-parent, or a parent who was her child’s primary caregiver might lapse into substance abuse following a divorce. Finding out that your child’s other parent has been arrested can be terrifying, especially if your children were with him at the time. Depending on the circumstances, your co-parent’s arrest may be significant enough to warrant a change to your parenting plan. An experienced DuPage County child custody modifications lawyer can help guide you.

New Criminal Charges Reflect a Change in Circumstances

To request a modification to your established parenting plan, you would need to show that there has been a substantial change in circumstances. One parent facing new criminal charges is likely enough to show that the circumstances have changed. There is a new risk of the parent going to jail or having DCFS involved. There may be a new risk of harm to the child, depending on what the charges were for.

Minor Criminal Issues Might Not Warrant a Change 

If your spouse’s arrest was for a very minor offense, like driving without a license or trespassing, the court may not believe that a modification is necessary. Many perfectly capable parents make small mistakes. The court will consider things like whether your child was in any danger and whether the parent is likely to be arrested again or get sent to jail.

Arrests That Directly Affect the Children Are Taken Seriously 

If your co-parent’s arrest directly affected the children in any way, you are more likely to have the modification you are asking for granted. For example, if your spouse was arrested for drunk driving while your children were in the car with him, your children were endangered as a result of your ex’s criminal conduct. Even if your children were not at risk of physical harm, they might have been emotionally harmed by witnessing your co-parent’s arrest and the criminal conduct that led to it. Arrests for offenses against any children, such as child pornography or assault against a minor, are also extremely likely to result in a modification to your parenting plan.

Contact a Warrenville, IL Child Custody Modifications Attorney

Hensley Sendek Law is experienced in helping parents get the parenting plan modifications they need to protect their children. Our dedicated DuPage County, IL post-decree modifications lawyers will do all we can to help you gain more parenting time or have supervised visitation ordered to keep your child safe. Contact us at 630-358-9029 for a complimentary consultation.