Can grandparents or other relatives file for emergency custody in Illinois?

Yes. Illinois law allows grandparents, aunts, uncles, or other close family members to request emergency custody when a child is in immediate danger and the biological parents are unable or unwilling to protect them. To succeed, non-parents must show both that the child faces serious harm from both parents and that the petitioner offers a safer, more stable alternative. Courts in Cook, Lake, DuPage, and Will Counties will also consider the petitioner’s relationship with the child and prior caregiving involvement.

What happens if someone makes false allegations in an emergency petition?

The Courts treat false allegations very seriously. Filing an untrue emergency petition can result in Court sanctions, damage the petitioner’s credibility, and affect future custody rights. Illinois judges expect emergency filings to be backed by credible, verifiable evidence—not emotion or suspicion. That’s why our attorneys thoroughly assess each case before filing, ensuring our claims are well-supported and defensible in court.

What if the other parent takes the child out of state?

If a parent removes a child from Illinois without consent or court approval, it may trigger emergency action under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Illinois Courts can issue emergency custody orders even when the child is across state lines, but enforcement may require coordination with law enforcement or court systems in the other state. This is particularly common in contested divorces or custody disputes involving relocation threats.

Will emergency custody change child support automatically?

No. Emergency custody is focused on immediate safety, not financial support. However, if temporary custody becomes more permanent, either party may request a child support modification. Judges will review changes in physical custody, income, and expenses before making a support adjustment. Our attorneys help document these shifts to build strong support modification cases after emergency Orders are in place.

What kind of electronic evidence is accepted in court?

Courts accept texts, emails, social media posts, and voicemails—if they are presented with full context and timestamps. Judges want to see unedited threads, metadata when possible, and proof that the communication is authentic. Selectively edited screenshots can undermine credibility. We guide clients on how to properly preserve and present electronic evidence that meets Court standards.

Is supervised visitation an option in emergency orders?

Yes. Supervised visitation is often granted when the Court finds that a parent poses a risk but should not be fully cut off from the child. The Court can order supervised visits at a neutral location with professional monitors or approved family members. Judges in Cook, Lake, DuPage, and Will Counties may also include additional conditions like substance testing or parenting classes, depending on the case.

Anderson Boback & Marshall

Custody Orders: How to Act Fast When Your Child’s Safety Is at Risk

Posted By Monika Barrett

Published June 2, 2025

Categorized as Child Custody

When your child faces immediate danger, every minute matters. Parents describe the hours waiting for legal protection as the most terrifying of their lives, but you don’t have to face this alone. Illinois Courts allow parents or guardians to seek emergency custody Orders when a child faces serious and immediate harm. The family law attorneys

312-626-0502

Email: lawyers@illinoislawforyou.com

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Chicago, IL 60602

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Northbrook, IL 60062
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Text: 312-728-8424

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