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In this article, we will explain Illinois temporary child custody orders, which allocate parenting time and responsibility until a final order is entered by the court. Before 2016, courts used the terms “custody” and “visitation.” Since 2016, Illinois courts have used “allocation of parenting time and responsibility” instead. In this article, we will use the terms interchangeably.
What is a Temporary Allocation Order?
Before a final order allocating parenting time and responsibility can be entered, the parties must have an opportunity to conduct written discovery and depositions and ultimately hold a trial. A temporary order allocates parenting time and responsibility to determine parenting issues until a final parenting order can be entered.
What is the Process for Seeking Temporary Custody in Illinois?
Temporary allocation of parenting time and responsibility is initiated by one of the parties filing a petition with the clerk of court seeking a temporary allocation order. When filing, the clerk will assign a hearing time and location. The petition and notice of the hearing time and location must be properly served to the other party.
Both parties will present evidence for each of their positions at the hearing. After the hearing, the court will enter an order to set forth how parenting time and responsibility will work for a limited time or until a final order can be entered on the subject.
If both parties agree to the terms of the temporary order, a hearing is not necessary. Instead, the court can enter the temporary allocation order based on one or both parties’ affidavits.
What is the Difference Between a Temporary Custody Order and a Final Custody Judgment?
Courts determine the temporary allocation of parenting time and responsibility on the same basis used for final orders. The court will seek to determine the parenting arrangement that will be in the child’s best interests. Courts are directed to weigh several factors listed in the Illinois Marriage and Dissolution of Marriage Act and commonly review additional factors set by case law precedent. For a complete discussion of these factors, check out our article: Factors Courts Consider in Determining Child Custody Issues.
One difference between a final custody order and a temporary custody order is that courts are not required to lay out specific findings explaining the basis of their decision in temporary custody orders as they are in final orders.
More importantly, temporary custody orders are more convenient to modify than final orders. For this reason, courts are sometimes required to determine whether an order is temporary or final. This depends on what the order says, not what it is called. The test is whether the parties and the court intended the order to continue indefinitely without expecting an additional hearing to be held.
How to Modify a Temporary Custody Order in Illinois
Final allocation judgments require the party seeking to modify the order to meet a very high burden of proof in order to be successful. To learn more about this, check out our article: How to Change Parental Responsibilities and Child Custody in Illinois. If a party seeks to modify a temporary custody order, they need to show by a preponderance of the evidence that modification of the order is in the best interests of the child.
For a more general article on the various types of temporary orders available in divorce, check out: Temporary Relief Petitions in Illinois Divorce.
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