Under the Illinois Marriage and Dissolution of Marriage Act, a divorcing parent has the right to seek a temporary custody order for his or her child while he or she works through the divorce process. A divorce can take up to six months to complete from its initial filing to its final settlement. During this time, a temporary custody order provides a framework for the couple’s child’s care and a stable household for him or her until a permanent custody arrangement is developed.
Talk to your attorney about the possibility of obtaining a temporary custody order for your child while your divorce is worked out. Generally, the parent who does not receive custody under this agreement receives visitation rights with the child. Your attorney can advise you about the rights that come with a temporary custody agreement and guide you through the process of filing for one with the county clerk of the county court where your divorce is being handled.
Protections Offered by a Temporary Custody Agreement
A temporary custody agreement provides a child and his or her custodial parent with a variety of legal protections. When this type of custody arrangement is in place, the child’s other parent may not move out of state with him or her. It also gives the custodial parent the legal backing to take action against the non-custodial parent if he or she does not comply with its terms.
Drawbacks of a Temporary Custody Agreement
Although temporary custody agreements provide substantial legal protection and stability for children and their custodial parents during the divorce process, they can easily be adapted into permanent custody agreements. If the court determines that keeping up the status quo for the child is in his or her best interest, it may make the temporary custody agreement’s terms into a long-term arrangement. This can unfairly deny the non-custodial parent time with his or her child.
A Temporary Custody Agreement as a Factor in Deciding a Permanent Custody Arrangement
How the temporary custody arrangement affected your child’s well being can be used as a factor to determine an appropriate permanent custody agreement. If it appears that the court is leaning toward keeping it as a permanent custody arrangement, talk to your attorney about how to address this and have your case fully evaluated for a custody arrangement. Other factors, such as both parents’ income, the child’s relationships with all members of both households, and the child’s access to educational and enriching resources should be considered when developing a permanent custody agreement.
Family Attorneys in DuPage County
To learn more about temporary custody orders and other topics related to divorce and child custody, contact Abear Law Offices today to schedule your initial legal consultation with one of our firm’s experienced Wheaton divorce attorneys. We are here to answer any questions you have and provide legal advice and representation for you and your child as you work through your divorce.