Finding out that a judge is not going to give you what you want in an allocation of parental rights case can be emotionally devastating. You may have options such as filing an appeal or later asking for a modification; still, you will have to come up with a way to cope with the decision while you explore your options.
The first step to coming to terms with a negative decision is also the hardest. You will need to consider and review the judge’s reasoning. It can be easy to just dismiss the judge’s opinion as wrong, but the more open you are to seeing the situation from the judge’s point of view, the easier it will be for you to accept the judge’s decision and to move forward.
In allocation of parental responsibility cases, the final order is rarely the last word. The law allows both parents to later ask for modifications. If you consider the judge’s reasoning, you can then make the changes in your life that will make it easier for a judge in the future to give you want you are requesting. When you work on yourself you will find it easier to find peace. However, you are not able to control the actions of the other parent or the court. You can, however, control your actions and your reactions.
Modifications and Appeals
Appeals of family law cases are limited to legal mistakes. There may be mistakes in your case, or there may very little than can be appealed. If you are able to appeal, it may take another year to get through the process and you may still be unhappy with the end result.
Modifications are different than an appeal. A modification is a request for a change in the last order due to a significant change in circumstances in the life of the child or one of the parents. While you must file an appeal within 30 days of a final order, you probably cannot bring a modification request for at least six months or more after a final order.
However, you can begin planning for a future modification hearing immediately after a final order. You can make the changes you and your lawyer believe will demonstrate to the judge that you understand what is in the best interests of the child. Additionally, you can begin collecting documents and other evidence to show a change in circumstances and why your child should live primarily with you.
Contact an Illinois Family Law Lawyer Today
If you have questions about the allocation of parental responsibilities, please speak with a knowledgeable DuPage County family law attorney right away. Call Sullivan Taylor & Gumina, P.C. at 630-665-7676 to schedule your consultation today.