Agreements

• 1). Attempt to reach an agreement. If parents have an amicable relationship, doing so could save a lot of time and money by avoiding a court dispute.
  
  
• 2). Create a formal parenting agreement. It must include each parent's rights and responsibilities in raising the child, a schedule of time that the child will spend with each parent and any obligations to pay child support.
  
  
• 3). Review and approve the complete agreement and then submit it to a judge. A judge's signature makes the agreement a court order and allows either party to seek court intervention if the agreement is violated.
  
  

Disputes

• 1). Verify that the residency requirement is satisfied. The child at issue must live in Illinois. If he does not, one parent must be a resident or the child must have previously lived in Illinois within six months prior.
  
  
• 2). File a custody petition with his local circuit court. It must be filed with a "Child Custody Affidavit," which sets forth the child's current living arrangements and where she has lived for the past five years.
  
  
• 3). Notify the other parent of the custody petition. The filing parent must submit the petition and affidavit with a summons to the Sheriff, who will serve the paperwork on the other parent.
  
  
• 4). Wait for the other parent to file an answer with the circuit court within 30 days of the service. Failure to do so will result in a default judgment for the filing parent, who will then be awarded custody.
  
  
• 5). Attend a hearing where the court will issue a decision. The court will make a decision that is in the "best interests of the child." Factors include the child's preference, the child's relationship with each parent, the parents' relationship with each other and whether they can cooperate, the child's current living environment and any allegations of domestic violence or child abuse.
  
  Once the order is issued, the parents are bound by it and may be subject to sanctions for any violations.
  
  

Modifications

• 1). File a petition and affidavit and have all papers served on the other parent with a summons if you believe custody should be modified.
  
  
• 2). Establish that conditions have changed significantly and that the proposed modification is in the child's best interests.
  
  
• 3). File a petition, affidavit and agreed order if both parents agree that custody should be changed.