Here in Illinois, it can take months to go through the divorce process. In most cases, couples are separated during that time. When a couple has children, it’s generally advisable to put some temporary court orders in place to detail how parenting responsibilities will be shared as well as how the couple will share financial responsibility for their children.
Let’s look at two specific temporary orders that Illinois parents can get to help smooth the transition for their kids.
Parental responsibilities
A “temporary allocation of parental responsibilities” details things like how parenting time will be shared, whether a relocation with one parent is in a child’s best interests until there’s a final custody order and how decisions on things like education, medical care and other child-related matters will be made.
The law notes, “Any relocation shall be considered temporary in nature and shall not prejudice either parent in the allocation of parental responsibilities contained in a final allocation judgment.”
Child support
The court can also issue an order for temporary child support based in part on how parental responsibilities are assigned. A parent who seeks such an order typically needs to provide “documentary evidence including, but not limited to, income tax returns, pay stubs, and banking statements.”
These orders generally remain in place until the final custody and support orders are issued in the divorce. One or both parents can request a modification if circumstances warrant before the divorce is final. As with all child-related court orders around divorce, the overriding concern of the court is what’s in a child’s best interests.
Even when couples are able to work out a parenting plan and agree on what arrangement is best for their children as they proceed with their divorce, it’s wise to get it codified through these temporary orders. This can prevent conflict and confusion. Each parent is wise to get their own legal representation as early as possible to protect their rights and help them do what’s best for their children.