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Temporary child custody during a high-conflict divorce

On Behalf of | Dec 30, 2022 | Child Custody |

High-conflict divorce can be complicated and lengthy, especially when it involves child custody disputes and property division. Luckily, Illinois law allows a petitioner for temporary court orders addressing issues like child custody and spousal support. Here is what you need to know about getting temporary child custody during the divorce process.

Temporary allocation orders

The allocation of parenting time and parental responsibility from the time divorce proceedings start until a final order is given is known as a temporary child custody order. Also referred to as temporary allocation orders, these orders address the following issues:

  • Who gets the authority to make decisions for the child
  • Where the child will reside
  • The parenting schedule
  • How vacations and holidays are divided
  • Any restrictions on either parent’s parenting time or responsibilities

Reasons to request a temporary child custody order

The divorce process can be a traumatizing experience for children. Therefore, parents petition for temporary allocation orders to offer some stability during this period. It establishes a clear parenting schedule that allows the child to spend time with both parents on a consistent basis.

A parent may also file for a temporary child custody order if they are concerned about the child’s well-being with the other parent, like if there is a history of child abuse or substance abuse. According to the temporary allocation order, the petitioning parent would receive all parenting time and parental responsibility.

Requesting a temporary allocation order in Naperville, IL

In Naperville, Illinois, a court hearing is not a necessary requirement when seeking a temporary allocation of parenting time and parental responsibilities. The court will accept the temporary child custody order provided there is an agreement between the involved parties.

If there is no agreement between the parties, a petition for the temporary allocation must be filed. The court will then issue a court date and time for the hearing. Each party will be informed about the proceedings.

What happens during the hearing?

Both parties have the chance to present supporting evidence during the temporary allocation hearings. The court will then come to a decision based on what is best for the child. It will also dictate the duration of the temporary allocation and any further stipulations until the final hearing.