Illinois Temporary Child Custody Orders | Temporary Orders Allocating Parenting Time and Responsibility

Article written by Illinois Attorney Kevin O’Flaherty

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. Prior to 2016, courts used the terms “custody” and “visitation.” Since 2016, Illinois courts now use the terms “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. The purpose of a temporary order allocating parenting time and responsibility is to determine parenting issues until such time as 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. At the time of filing, the clerk will assign a hearing time and location. The petition, along with notice of the hearing time and location, must be properly served on the other party.