How Can I Get Emergency Custody of a Child in Illinois?

 Posted on September 19, 2023 in Family Law

If your child is in an unsafe situation with the other parent, you may need to file for emergency custody with an Illinois lawyer. Getting emergency or temporary custody allows you to protect your child while your permanent custody case proceeds. Here is how the emergency custody process works in Illinois:

File a Petition for Emergency Order

To request emergency custody in Illinois, you must file a “Petition for Temporary Emergency Custody” in court. The petition should detail reasons why the child is currently at risk of harm in their present environment. Examples include abuse, neglect, drug use in the home, or the child’s special medical needs not being met.

Meet the Standard for an Emergency Order

Illinois courts can only grant emergency custody orders when there is an urgent and immediate need. You will have to convince the judge your child is in danger of physical or emotional harm without the temporary order. Offering evidence like police reports, medical records, or school/counselor statements can help meet the emergency standard.

Attend the Emergency Hearing

The court will schedule a hearing shortly after you file your emergency petition. If the other parent has not been properly served yet, the judge can still issue a temporary ex parte order until a full hearing occurs. Be prepared to testify and answer questions on why emergency custody is needed.

Abide by the Temporary Order

If the court finds granting you emergency custody is in the child’s best interests, it will issue a temporary order placing the child with you. This order is valid until your permanent custody case gets resolved. You must follow all the temporary order’s terms or risk contempt.

Getting emergency custody in Illinois requires showing urgent, serious risk to your child. With evidence demonstrating your child is endangered, the court can issue temporary orders for their protection while your case proceeds. An attorney can advise you on how to properly request emergency custody.

Contact a Hinsdale Child Custody Lawyer

When you need emergency child custody, it can seem overwhelming. Not only do you have to deal with what is going on, but you need to go through the legal process. When you have an Illinois child custody attorney on your side, it can take some of the pressure off as you will know which steps to take next. Call Law Office of Martoccio & Martoccio at 630-920-8855 to get started with a free consultation and know which next step is ideal for your specific case.