Can I Get Emergency Custody in Illinois?

 Posted on June 30, 2025 in Child Custody

If you are concerned about your child’s immediate safety, you likely have questions about what you can do to act quickly and protect them. Illinois law provides a way for parents to seek emergency custody, known as an emergency motion for parental responsibilities, in serious situations. A Wheaton, IL child custody attorney can help you understand the legal process and walk you through the steps for filing a motion.

What Is an Emergency Motion for Parental Responsibilities?

Illinois law 750 ILCS 5/602.7 refers to child custody as "the allocation of parental responsibilities," which includes decision-making authority and parenting time. When a parent believes a child is at risk of physical or emotional harm, the parent can file an emergency motion and request that the court temporarily change a parental responsibilities order. 

The procedure is governed in part by 750 ILCS 5/603.5, which allows the court to enter a temporary order without full notice or a hearing if the court finds that immediate harm or irreparable injury to the child would happen without an order. These emergency orders are temporary and usually last only until a full hearing can be held, typically within a few weeks.

What Are the Grounds for an Emergency Motion for Parental Responsibilities?

Illinois courts take emergency motions very seriously and do not grant them lightly. You must show facts indicating immediate danger to your child’s physical safety, mental health, or emotional well-being. Common grounds for filing an emergency motion include:

• You have evidence that the other parent has physically harmed you or the child or has threatened harm.

• You can prove that the other parent is using drugs or alcohol to a degree that endangers the child.

• Child neglect has occurred, including any incident or credible threat of neglect or unsafe living conditions that put the child at risk.

• You have concerns that the other parent may flee with the child or hide the child in order to avoid complying with court orders.

Merely disliking the other parent’s new partner, parenting style, or rules typically does not justify emergency action. The court requires concrete evidence of immediate risk.

What Occurs After an Emergency Motion for Parental Responsibilities Is Ordered?

When a judge decides that a child is facing immediate danger and approves an emergency motion, the court can temporarily alter how parental responsibilities are shared. This can mean awarding you full parenting time and decision-making authority. However, this type of order is usually temporary. 

The court will schedule further proceedings to consider all the facts and evidence in the case. During this process, the judge may issue a final order that restricts the other parent’s parenting time or responsibilities. In severe situations, such as cases involving violence or significant risk, the judge might order supervised visits for the other parent, or potentially deny visitation altogether.

Contact a Wheaton, IL Parent Responsibilities Attorney

If you believe your children are in danger, you can take immediate action to protect them. Filing for emergency custody in Illinois requires fast action that follows specific legal guidelines. You will need strong evidence that backs up your claims. The experienced DuPage County, IL child custody lawyers at Andrew Cores Family Law Group will help you prepare your case and fight for your child’s safety. Call us today at 630-871-1002 to schedule your free consultation.