Temporary Court Orders for Child Custody in Illinois: A Comprehensive Guide for Divorcing Parents

In Illinois, when parents cannot agree on how to care for their child, the court may step in with a temporary custody order to ensure the child’s needs are met right away. These orders in Illinois, now referred to as Allocation of Parenting Time and Decision-Making as opposed to ‘child custody’, are designed to provide structure until a final resolution is reached.

The court process can be slow, and disputes over key decisions like education, health, and living arrangements can take time to resolve. To provide stability during this period, a judge may issue a temporary order to provide stability to the child’s life.

Understanding Temporary Custody Orders

What Is a Temporary Custody Order

A judge can issue a temporary order for parents going through the divorce process or even parents who were never married who find themselves in court over their child. A temporary order can include:

• A parenting schedule, outlining when the child will be with each parent.
• Decision-making responsibilities, specifying who will make key decisions for the child’s well-being, education, and healthcare.
• Sometimes, child support, to help meet the child’s financial needs during the case.

Temporary orders are meant to give stability to the child while parents resolve ongoing disputes in court. These orders ensure that the child has a structured routine while the legal process unfolds.

Key Differences Between Temporary and Final Custody Orders

The biggest difference between a temporary order and a final order is that a judge can modify a temporary order before the case concludes. Although it’s not always easy, judges can review evidence and make changes if they believe the modification serves the child’s best interests.

When the court issues a final order, it becomes much more difficult to change. To modify a final order, parents must prove there has been a substantial change in circumstances, which requires meeting a high legal standard. (You can read more below about how to modify a temporary order.)

Judge’s Responsibilities for Final vs. Temporary Orders

Another difference between a temporary order and a final order is the way a judge writes the order.  When judges issue a final custody decision, they must provide detailed findings and explanations to justify their ruling. This level of detail ensures transparency and helps the parties understand the reasoning behind the decision.

In contrast, when judges issue temporary orders, they aren’t required to explain their decisions in such detail. So, a temporary order is unique in that it is easier to modify. This allows the process to move faster, providing a quick solution and immediate stability for the child while the case is ongoing.

Temporary Orders vs. Emergency Orders

A temporary order is also different from an emergency order in how the judge makes a decision. First, a party must make a request to the court for an emergency order. In an emergency hearing, a judge can make a decision much faster than in a regular hearing, usually to protect the child’s immediate safety or well-being.

If the judge finds that the child’s safety is at risk, they can grant an emergency order quickly. Afterward, the judge will usually schedule a hearing to decide whether a temporary order should replace the emergency one. Emergency orders typically only last for 21 days, after which the court will decide whether to issue a longer-term temporary order.

Obtaining Temporary Custody Orders in Illinois

First, a party must file a Motion for Temporary Custody. A parent can file this into their ongoing divorce case or in a separate parentage case if the parents were never married.

Once the court schedules a hearing, the parties can exchange evidence, reports, and any exhibits that will be used during the hearing. During the hearing, both sides will present their evidence and make a case for their position. After hearing the case, the judge will issue a temporary order, which will outline the parenting schedule or address whatever issue was brought up in the motion for temporary custody.

Duration and Modification of Temporary Orders

Unlike modifying a final order, a parent does not need to prove a “substantial change in circumstances” to modify a temporary order. You can modify or change a temporary order  at any point before the case concludes. To successfully modify a temporary order, a parent must show that the current arrangement is not in the best interests of the child.

When deciding whether to modify the order, a judge can consider any relevant factor. Some common factors include:

• The wishes of the child, considering their maturity.
• The amount of time each parent has spent caring for the child over the last two years.
• The mental and physical health of the parents and the child.
• The distance between the parents’ residences.

Impact on Final Custody Decisions

Towards the end of a case, a judge considers the child’s current situation and evaluates the child’s well-being and best interests under the circumstances. If the child is doing well and thriving, a judge is more likely to call for a similar situation in the final order.

For this reason, parents who disagree with the temporary order should request modifications sooner rather than later, particularly if they find issues with the parenting schedule or other terms.

Legal Representation in Temporary Custody Hearings

A family law attorney plays an essential role in helping parents understand the various orders a judge might issue in a custody case. A skilled attorney will guide you through the court system, ensuring that you meet the legal requirements t while presenting the strongest possible argument on your behalf.

Conclusion

A temporary order quickly addresses family issues while other case matters are resolved in the legal system. Though easier to modify than a final order, parents shouldn’t expect a quick fix later on.

Parents must present a strong case for a temporary order, just as they would at the case’s end. The experienced attorneys at Anderson Boback & Marshall can help parents at any stage of their custody case.

Frequently Asked Questions