Temporary Child Custody Orders in Illinois 

 Posted on February 23, 2023 in Family Law

The divorce process can take months if not years - especially if the couple has children or complex finances. Divorcing parents may wish to use a temporary child custody order to decide and formalize their parenting responsibilities during the divorce process. In Illinois, temporary child custody orders are issued to protect the best interests of children and outline parenting time, legal decision-making authority, and other details of the parenting arrangements. Having a temporary child custody order can ensure that both parents understand their child-related rights and responsibilities. A temporary order can also promote consistency in the child's life and ease the transition into a two-home family. 

Temporary Allocation of Parenting Time and Responsibility

If you are getting divoced, you may want to get a temporary child custody order or, as it is called in Illinois, a temporary allocation of parenting time and responsibiltiy order. If you and the other parent agree on the terms of the order, you will not need to attend a hearing to get a temporary allocation order. However, if you and the other parent disagree about how parental responbilties (decision-making authority) and parenting time (time spent caring for the child) should be handled, you will attend a hearing. At the hearing, you will each be given a chance to express your opinions and provide any evidence that supports your positions. The court will evaluate the evidence and make a determination. 

Illinois courts weigh many different factors when deciding how parenting time and parental responsibilities should be divided between two divorcing parents. The court will consider issues such as: 

• Each parent’s preferences regarding the temporary custody order and the reasons for those preferences 

• The child’s opinion regarding custody arrangements

• Each parent’s relationship with the child 

• How the child will adjust to a new home, school, or neighborhood

• The child’s health 

• Each parent’s health

• Any instances of domestic violence

• The parents’ ability to cooperate with each other

The terms of a temporary order will remain in effect until the divorce is completed and a final custody judgment is entered. By following the temporary order, parents can begin to develop a co-parenting relationship and ensure that their child is cared for during the divorce process.

It is important to note that a court may issue sanctions against a parent who does not comply with a temporary order. It is important to follow court orders closely and seek the help of an experienced family law attorney if you have any questions or concerns.  

Contact our Joliet Child Custody Lawyer 

Temporary allocation orders can provide stability in a child’s life and help both parents understand their responsibilities during the divorce process. If you are a parent getting divorced, call our Homewood divorce attorneys for legal help throughout the divorce. Our skilled team can help you secure a temporary child custody order, address property division, establish child support, and more. Call 312-702-1293 for a confidential consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+VII&ActID=2086&ChapterID=59&SeqStart=10000000&SeqEnd=11700000