Understanding Temporary Custody Orders in Illinois 

Child Custody
Understanding Temporary Custody Orders in Illinois 

Understanding Temporary Custody Orders in Illinois 

Divorce comes with wide-ranging concerns, but some of the most important for anyone with children are those related to child custody. Hammering out terms related to how you and your ex are going to split your time with your children can be challenging at best, and in the early stages, the matter can feel overwhelming. Ultimately, it can take a considerable amount of time to resolve the terms of your divorce, but in the meantime, you need to address the matter of how you will be dividing your time with your children. This is where temporary custody orders come in, and if this is a concern you’re facing, discuss the matter with an Illinois family law attorney today.   

Temporary Custody Orders

Illinois now refers to custody as parental responsibilities, but the particulars have not changed, and the state addresses the topic of temporary custody directly. Either party to the divorce can file for a temporary custody order, which is intended to help minimize how the fallout of your divorce will affect your children. These temporary orders are implemented only while the divorce is pending, and they are vacated as soon as final custody orders are established. 

The Determining Factors

The factors the court takes into consideration when making determinations related to temporary custody can include all the following:

  • The wishes of both parents (and any agreements made between them)
  • The wishes of the children involved (if they are old enough and mature enough to weigh in on the matter)
  • Existing family relationships and the level of interaction the children have with each parent
  • Each child’s level of adjustment to the family home, school, and community at large
  • The physical and mental health of all the parties involved
  • Whether or not family violence, abuse of any kind, and/or the threat of violence or abuse plays a role
  • The level of willingness each parent displays in relation to encouraging and facilitating an ongoing relationship between the children and their other parent

Proceeding with Caution

It is generally considered the best policy to begin as you intend to proceed when it comes to temporary custody orders. If, for example, you are thinking of setting up a temporary custody situation in which the kids live with their other parent in the family home while you prepare to take over as the primary custodial parent post-divorce, you may want to reconsider. If the children thrive under the temporary custody arrangements, the court will very likely be motivated to maintain the status quo, which amounts to leaving things as they are. If you have long-term custody goals, it is generally not advisable to agree to temporary terms that do not support those long-term goals.   

Reach out to an Experienced Illinois Family Law Attorney Today

The focused Illinois family law attorneys at the SAM LAW OFFICE, LLC, dedicate their practice to helping clients like you negotiate divorce terms that support their divorce goals and parental rights, and we’re here for you too. To learn more, please don’t wait to contact us today.





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