Legal Question in Family Law in Illinois

The totality of the circumstances would have to be considered. I am not so sure that a single incident of very bad judgment would be enough. However, I suspect that there are other indications of poor parenting skills. Additionally, I wonder if you have a person with an alcohol issue which in and of itself can be a basis for custody modification.

In Illinois, in order to modify custody there needs to be a multi-prong determination. It is found under 750 ILCS 5/610. If less than 2 years since judgment, you must show an endangerment of some kind, and you must prove it through clear & convincing evidence (A high bar). If more than 2 years, you must show a substantial change in circumstances in either the custodial parent or minor child, and it too must be through clear & convincing evidence.

The court will order an investigation, similar to the first time you battled for custody. Mediation will be required first, then a GAL appointed. Discovery. And about 1-2 years later, if you are unable to resolve the issue with your ex, a trial date will be set.

I know this answer probably took the wind out of your sails, but it is what it is, even in McHenry County. If your serious about getting you child back, get an attorney. Not having one only benefits your ex.