Outline
When navigating the complexities of family law, particularly in matters of visitation, the Illinois Petition to Modify form serves as a crucial tool for parents seeking to amend existing arrangements. This form is designed to facilitate a request for the court to consider changes to visitation schedules, ensuring that the best interests of the children are prioritized. By filing this petition alongside a Notice of Motion, you are formally asking the court to review your situation and potentially grant a new visitation order. Completing the form accurately is essential, as it outlines your current visitation terms and the reasons for your requested modifications. The process involves providing specific details, such as the case number and existing visitation arrangements, while also articulating any incidents that may warrant a change. With clear instructions and a structured format, the form allows you to present your case effectively. It is important to remember that this petition is a formal request, and its success hinges on the clarity and completeness of the information provided. By taking the time to fill out this form thoughtfully, you are taking an important step toward ensuring a visitation schedule that better suits your family’s needs.
Sample - Illinois Petition To Modify Form
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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) SS. |
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 Information
| Fact Name | Description |
|---|---|
| Purpose | The Illinois Petition To Modify form is used to request a change in visitation arrangements through the court. |
| Filing Requirements | To file this petition, individuals must complete the form and bring it to court along with a Notice of Motion. |
| Instructions | Each instruction on the form corresponds to a specific numbered section, guiding users on how to fill it out accurately. |
| Legal Basis | The petition is filed pursuant to the Illinois Code of Civil Procedure, specifically Section 1-109. |
| Additional Copies | Petitioners must make three additional copies of the completed petition for court records and other parties involved. |
Detailed Guide for Filling Out Illinois Petition To Modify
After completing the Illinois Petition to Modify form, you will need to file it with the court. Make sure you have all necessary information ready, as this will help the judge understand your request for a change in visitation. Follow these steps carefully to ensure your petition is filled out correctly.
- Insert your name in the first blank space.
- Insert the name of the other parent in the second blank space.
- Insert the case number in the third blank space. If married, use the number from your Judgment of Dissolution of Marriage; if not, use the last Visitation Order's number.
- Insert your name again if it is not already filled in the fourth blank space.
- If married, write “a Judgment of Dissolution of Marriage.” If not married, write “the last Court Order” in the fifth blank space.
- If married, insert the date the Judgment of Dissolution of Marriage was entered in the sixth blank space. If not married, insert the date of the last Court Order.
- Fill in your current visitation arrangements in the seventh blank space. Copy the schedule from your previous order.
- In the eighth blank space, provide reasons for requesting a modification of the visitation schedule. Include any dates you were denied visitation.
- Insert your name again if it is not already filled in the ninth blank space.
- Sign your name in the tenth blank space.
- In the eleventh blank space, indicate your gender by inserting “he” or “she.”
- Sign your name again in the twelfth blank space.
- Fill in the date you are signing the petition in the thirteenth blank space.
- Insert your name in the fourteenth blank space.
- Insert your street address in the fifteenth blank space.
- Insert your city, state, and ZIP code in the sixteenth blank space.
- Insert your telephone number in the seventeenth blank space.
Make three additional copies of the completed petition for your records and for the other parent. Bring all copies with you when you file the petition at the court.
Obtain Answers on Illinois Petition To Modify
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What is the purpose of the Illinois Petition To Modify form?
The Illinois Petition To Modify form is used to request a change in visitation arrangements. By filing this petition, you are asking the court to consider your request and potentially issue a new visitation order.
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Who should file this petition?
This petition can be filed by either parent who wishes to change the current visitation schedule. It is important that you have a valid reason for requesting the modification.
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How do I complete the form?
You can fill out the form either on your computer or by hand. If you choose to use your computer, type your information directly into the designated spaces. If you prefer to write by hand, print the form and fill it out using a pen or typewriter.
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What information do I need to provide?
- Your name and the other parent's name.
- The case number from your Judgment of Dissolution of Marriage or last Visitation Order.
- Details about the current visitation arrangements.
- Your reasons for wanting to modify the visitation schedule.
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What if I need more space to explain my reasons?
If you run out of room on the form, you can create an additional document to provide more details. Just make sure to reference it properly so the court understands your request.
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Do I need to sign the petition?
Yes, you will need to sign the petition in two places. One signature is for the petition itself, and the other is to affirm that everything you have stated is true.
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What happens after I file the petition?
After you file the petition and get a court date, the judge will review your request. If everything goes well, the judge may issue a new visitation order on that day.
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How many copies of the petition do I need?
You should make three additional copies of the petition after you have completed it. This ensures that you have copies for yourself and the other parent.
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Is there a fee to file this petition?
There may be a filing fee associated with submitting the petition to the court. Check with your local courthouse for specific fee information and any potential waivers if you cannot afford the fee.
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What if I need legal help?
If you feel overwhelmed or unsure about the process, consider seeking help from a lawyer or a legal aid organization. They can provide guidance and ensure that your petition is completed correctly.
Common mistakes
Filling out the Illinois Petition to Modify form can be a straightforward process, but several common mistakes can hinder your request. One major error is failing to provide accurate names. You must ensure that both your name and the other parent's name are correctly entered. If there are typos or inconsistencies, it could delay the court's review of your petition.
Another frequent mistake involves the case number. Many individuals overlook this detail, leading to confusion. Always copy the case number directly from the Judgment of Dissolution of Marriage or the last Visitation Order. This ensures that your petition is linked to the correct case.
People often neglect to fill in the current visitation arrangements completely. It is essential to accurately describe your existing schedule. If you do not provide enough detail, the judge may not fully understand your situation, which can affect the outcome of your request.
Additionally, some individuals fail to articulate their reasons for requesting a modification. This section is crucial. Clearly stating the reasons for your petition helps the judge understand your perspective. If you have experienced issues with visitation, such as being denied access to your children, include those specific instances.
Another common oversight is not signing the petition in the required places. You must sign your name at two different points on the form. Failing to do so could render your petition invalid and require you to start the process over.
Moreover, individuals sometimes forget to include their contact information. This information is vital for the court to reach you regarding your petition. Ensure that your address and phone number are complete and accurate.
Lastly, many people do not make the required copies of their petition. You should always create three additional copies before filing. This ensures that you have a record for your own files and that the court has the necessary documentation to process your request efficiently.
Documents used along the form
When seeking to modify visitation in Illinois, several additional forms and documents may be required to support your petition. Each of these documents serves a specific purpose and can help facilitate the court process. Below is a list of commonly used forms that accompany the Illinois Petition To Modify.
- Notice of Motion: This document informs the other party of your intention to request a change in visitation. It includes the date, time, and location of the court hearing, allowing them to prepare and respond appropriately.
- Affidavit of Service: This form confirms that you have properly notified the other parent about the petition and the scheduled hearing. It serves as proof to the court that the required legal notice was given.
- Parenting Plan: If there is an existing parenting plan, it may need to be updated or referenced in your petition. This document outlines the responsibilities and rights of each parent regarding the child's upbringing and visitation arrangements.
- Financial Affidavit: In some cases, the court may require information about your financial situation. This document provides details about your income and expenses, which can be relevant in determining visitation arrangements.
- Exhibits or Evidence: Any supporting documents that bolster your case for modifying visitation should be included. This might consist of communication records, calendars, or any other pertinent evidence that illustrates the need for a change.
Having these forms prepared and organized can significantly streamline the process of modifying visitation. Each document plays a crucial role in ensuring that your petition is considered thoroughly and fairly by the court.
Similar forms
The Illinois Petition to Modify form is a specific document used in family law cases, particularly for requesting changes to visitation arrangements. Several other legal documents serve similar purposes in family law and related areas. Here’s a list of nine documents that share similarities with the Illinois Petition to Modify form:
- Petition for Dissolution of Marriage: This document initiates divorce proceedings and outlines the petitioner’s requests regarding custody, visitation, and support, similar to how the Petition to Modify requests changes in visitation.
- Motion for Temporary Custody: This form requests the court to grant temporary custody arrangements, often used in urgent situations, much like the Petition to Modify seeks immediate changes to visitation schedules.
- Petition for Modification of Child Support: Similar to the Petition to Modify, this document requests changes to existing child support orders based on changes in circumstances, such as income or needs of the child.
- Notice of Motion: This document informs the other party and the court about a request for a hearing, which is often filed alongside the Petition to Modify to ensure all parties are aware of the upcoming changes.
- Response to Petition: When a petition is filed, the other party may respond with this document, outlining their stance on the proposed changes, similar to how the Petition to Modify outlines the requesting party's position.
- Parenting Plan: This is a comprehensive document that outlines the parenting arrangements for children, including visitation schedules, and can be modified through the Petition to Modify process.
- Order of Protection: In cases involving domestic violence, this document can be used to modify visitation or custody arrangements to ensure the safety of the children and the parent, paralleling the goals of the Petition to Modify.
- Motion to Enforce Visitation: This document is filed when one parent believes the other is not adhering to the existing visitation order, similar in nature to the Petition to Modify, which seeks to adjust those arrangements.
- Affidavit of Support: While primarily used in immigration cases, this document can also relate to family law when financial support is a concern, akin to how the Petition to Modify addresses the need for changes in visitation due to evolving circumstances.
Dos and Don'ts
When filling out the Illinois Petition to Modify form, consider the following guidelines:
- Do read the instructions carefully before starting.
- Do fill in all required fields accurately.
- Do provide complete information about your current visitation arrangements.
- Do include specific reasons for requesting a modification.
- Do make sure your name appears correctly throughout the form.
- Don't leave any sections blank unless instructed.
- Don't use informal language or abbreviations.
- Don't forget to sign the petition in the designated areas.
- Don't submit the form without making copies for your records.
- Don't rush through the process; take your time to ensure accuracy.
Following these tips can help ensure that your petition is filled out correctly and is more likely to be accepted by the court.
Misconceptions
- Misconception 1: The Petition to Modify form is only for parents who have been divorced.
- Misconception 2: Filling out the form is overly complicated and requires a lawyer.
- Misconception 3: You can submit the form without a court date.
- Misconception 4: The judge will automatically grant your request for a modification.
- Misconception 5: You don’t need to provide reasons for the modification.
This is not true. The form can be used by any parent seeking to change visitation arrangements, regardless of whether they were married to the other parent or not. If there is a court order in place, this petition is applicable.
While legal processes can be daunting, the Petition to Modify form is designed to be user-friendly. Instructions are provided, and most of the work is already laid out for you. Many parents successfully complete the form on their own.
Actually, you need to file the petition in person and obtain a court date. This step is crucial because it allows the court to schedule a hearing to consider your request for a modification of visitation.
It’s important to understand that a judge will not simply approve your request. The court will review the reasons you provide for wanting to change the visitation schedule and make a decision based on the best interests of the child.
This is a common misunderstanding. The form requires you to explain why you believe the current visitation arrangement should be changed. Providing clear and compelling reasons is essential for your petition to be taken seriously by the court.
Key takeaways
When considering the Illinois Petition To Modify form, several important aspects should be kept in mind. Below are key takeaways that can help ensure the process goes smoothly.
- Purpose of the Petition: This form is intended to request a change in visitation arrangements from the court.
- Filing Requirements: Bring the completed petition along with a Notice of Motion to file for a court date.
- Completing the Form: You can fill out the form on your computer or print it and fill it in by hand. Ensure accuracy in all details.
- Signature Areas: Remember that you cannot type in the signature areas; they must be signed by hand.
- Case Information: Use the correct case number from your Judgment of Dissolution of Marriage or the last Visitation Order.
- Visitation Details: Clearly outline your current visitation schedule, including specific days and times.
- Reasons for Modification: Provide detailed reasons for requesting a change in visitation, including any denied visitation dates.
- Additional Copies: Make three copies of the completed petition for your records and for the court.
- Final Review: Before submitting, review the petition thoroughly to ensure all information is accurate and complete.
Following these guidelines can help facilitate a smoother process when filing your Petition To Modify in Illinois.