Protecting a Child With Temporary Orders During a Divorce

 Posted on October 21, 2022 in Divorce

For many parents, ensuring that their child will be protected is of the highest priority during a divorce action. Children generally cannot act in their own self-interest from a legal perspective. Minor children have little say during divorce proceedings. Depending on their age and maturity level, their preferred custody arrangement may or may not be respected. In most cases, they cannot take legal steps to protect their interests. It is almost always up to the parents to act in the child’s interest and to protect them while divorce proceedings are pending.

Parents may be able to obtain certain types of temporary relief that could help safeguard their child’s financial security and safety until a finalized divorce decree can be achieved. If you have concerns about protecting a minor child while your divorce action is in the courts, an attorney may be able to help you secure temporary orders to guard your child’s interests and minimize the short-term effects of divorce on them.

What Temporary Relief Can Parents Ask for?

Temporary orders during the pendency of a divorce can serve a child’s interests in financial security, safety, and emotional well-being. These short-term forms of relief can help your child retain a sense of stability even during a tumultuous time. Illinois’s Marriage and Dissolution of Marriage Act provides statutorily for certain forms of relief, which may be granted by the court. Forms of temporary relief that could help you protect your child include:

• Child support - Many divorcing parents, particularly those who did not work for pay during the marriage, struggle to provide financially while in the process of dividing the household and establishing a new one. Temporary child support orders can work to insulate your child from the financial challenges often associated with parental divorce. A financial affidavit supporting the need for temporary child support must be used.
• Non-removal - The court can enjoin one party from traveling without the child outside of the court’s jurisdiction for a period longer than two weeks. This can effectively prevent parental kidnapping and lead to a faster response should such behavior occur despite the order.
• Protection order - A temporary protection order can be placed to protect a child from a potentially harmful parent. These orders can enjoin a parent from striking the child or interfering with their personal liberty. This type of relief may be critical for children who have been physically abused by a parent.

These forms of temporary relief may be granted while a divorce is pending.

Contact an Illinois Divorce Attorney

Law Offices of Donald J. Cosley is committed to helping parents protect their children during a pending divorce action. As an experienced Rolling Meadows divorce lawyer, Attorney Cosley will strive to ensure that your child is well-protected during this challenging time. Call 847-253-3100 to receive a free consultation.

Source:

ilga.gov/legislation/ilcs/documents/075000050k501.htm