Understanding Temporary Custody Orders

temporary custody, Illinois law, DuPage County Family Law AttorneyWhen a couple with children divorces, developing a custody arrangement for the children is generally a part of their divorce process. The court does its best to ensure that following a divorce, the children have regular contact with both parents and can develop nurturing relationships with each of them.

Before a couple’s divorce is complete, however, their children may be in a precarious position. One parent might move out of the family home or be facing an order of protection from the other. In any case, the children need to have a legal order in place to ensure that they have a stable home and schedule while their parents work through their divorce. This is where a temporary custody order can help. This type of custody order, as its name implies, is meant as an interim measure to serve the needs of the children. Once the couple determines a permanent custody arrangement and their divorce is finalized, the temporary order is replaced with a long-term custody plan.

While a temporary custody order is in place, the other parent is usually granted visitation rights. Talk to your attorney about all possibilities that may stem from your temporary custody order during and after your divorce.

Pros and Cons of Temporary Custody Orders

Temporary custody orders are often a necessity for parents working through divorce. During a divorce, the child’s safety and well being should always remain a top priority. Having a temporary custody order in place is one of the best way to protect the child. However, they are not without their drawbacks.

Advantages of Temporary Custody Orders

Temporary orders for child custody may be beneficial in a number of ways. They may, for example:

  • Provide stability for the child during the divorce process;
  • Prevent one parent from moving with the child. In some divorce cases, parental abduction is a serious concern and temporary custody orders can help reduce instances of this occurring; and
  • Offer legal recourse to a parent if the other parent does not comply with the temporary custody order. When the court determines a permanent custody arrangement, each parent’s history of cooperation with the court is considered.

Potential Disadvantage of Temporary Custody Orders

Temporary orders can become permanent custody arrangements after the couple’s divorce is finalized. In some cases, this may not truly be in the children’s best interest. However, the temporary order may create a living situation that the court is hesitant to alter, despite the claims of parents to the contrary.

Talk to your attorney about the possibility of this happening and how to address it if the court seems to be heading in this direction. Having temporary custody of your child can work to your advantage when the court determines permanent custody, but your child deserves to have his or her custody case fully evaluated to truly determine the best long-term plan for his or her care.

Chicago Child Custody Attorneys

To learn more about temporary and permanent custody orders, call [[phone]] to schedule your free consultation with the Law Office of Matthew M. Williams, P.C. The skilled DuPage County child custody attorneys at our firm can answer any questions you have about child custody and other divorce topics.

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