Temporary Custody Orders

750 ILCS 5/603

A party to a custody proceeding may move the court for a temporary custody order.  The court may award temporary custody after a hearing, or, if there is no objection, solely on the basis of the affidavits.

If a dissolution, legal separation or declaration of invalidity action is dismissed, any temporary custody order is vacated unless a parent or the child’s custodian moves that the action continue as a custody action.  The court must find, after a hearing, that the circumstances of the parents and the best interest of the child require that a custody judgment be issued.

Commentary:

Temporary custody proceedings have the potential for involving highly contested, involved hearings.  This is because the parties believe that critical issues are at stake and does require a hearing.  However, temporary custody orders are not binding towards a final determination of custody although the party who prevails at a temp goes on to have permanent custody the majority of time.

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