Should I Get a Temporary Child Custody Order During My Divorce?

 Posted on December 13, 2022 in Child Custody

It is no secret that the divorce process can be long and complicated. This is especially true when a divorce involves contentious property division or child custody disputes. Illinois law allows divorcing spouses to petition the court for temporary court orders addressing various issues such as spousal support, child support, and child custody. If you are a parent in the middle of a divorce, you may want to consider getting a temporary child custody order that will dictate custody terms during the divorce process.

Temporary Allocation Orders

Illinois law now refers to child custody in terms of "parental responsibilities" and "parenting time." Temporary child custody orders or "temporary allocation orders" describe the allocation of parental responsibilities and parenting time from the time a custody case is filed until a final order is entered.

A temporary allocation order can address issues such as:

• Who has decision-making authority for the child?
• Where will the child's primary residence be?
• What is the parenting time schedule?
• How will holidays and vacations be handled?
• Are there any restrictions on either parent's parental responsibilities or parenting time?

Benefits of Getting a Temporary Child Custody Order

Divorce can be a tumultuous time for children. Some parents petition the court for a temporary allocation order in order to promote stability in their child's life. A temporary order can establish a parenting time schedule so that the child spends time with each parent on a predictable, consistent basis.

A parent may also wish to get a temporary allocation order if he or she has concerns about the child spending time with the other parent. For example, if a parent has a serious substance abuse problem, the other parent may wish to get a temporary allocation order granting him or her most or all of the parental responsibilities and parenting time.

Process of Getting a Temporary Allocation Order

The process of getting a temporary order begins with filing a petition with the court. If the parents disagree on the terms of the order, they will attend a hearing where each party is given the chance to present his or her position on the disputed terms. The court will consider all of the evidence presented and make a decision based on what is in the child's best interests. If both parents agree to the terms of a temporary allocation order, they can skip this step.

Contact Our Wheaton Child Custody Lawyers

If you are getting divorced and you have children, it is important to work with an attorney who understands the intricacies of Illinois child custody law. Call the experienced DuPage County divorce attorneys at Davi Law Group by calling 630-657-5052. Set up your free initial consultation today.

Source:

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