How Does Custody Work While a Divorce is Happening?

 Posted on March 18, 2025 in Uncategorized

For many divorcing parents, one of the biggest concerns is how custody arrangements will work while the case is still pending. Since a final parenting plan may take months to finalize, it is important to understand what happens in the meantime.

At Roberts PC, our Illinois family lawyer knows that drawn-out custody battles can be costly and stressful. That is why we work hard to negotiate fair agreements outside of court whenever possible. Our attorney is directly available to clients, ensuring you receive the guidance and support you need during this difficult time.

Temporary Custody Arrangements in Illinois During Divorce

During a divorce, parents must continue caring for their children, even while final decisions are pending. If you and your spouse can agree on a temporary custody arrangement, you can submit it to the court for approval. If you cannot agree, the judge may issue a temporary order outlining how parenting time and responsibilities will be shared until a final agreement is reached.

How Do Temporary Custody Orders Work

A temporary custody order — known as a temporary allocation of parental responsibilities — sets the rules for parenting time and decision-making while the divorce is ongoing. These orders may determine:

• Which parent the child will live with most of the time

• A schedule for the other parent’s parenting time

• Who will make decisions about the child’s health, education, and daily needs

• Temporary child support obligations

Since these orders are not permanent, they can be modified if circumstances change. However, they do influence the final custody arrangement, so it is important to take them seriously.

Will the Court Automatically Grant One Parent Full Custody?

Illinois law does not favor one parent over the other when making custody determinations. Instead, the court considers what is in the best interests of the child. Judges generally prefer to support a child's relationship with both parents whenever possible. If one parent is seeking full custody during the divorce, they must show why it is necessary for the child's well-being.

Factors the court may consider when making temporary child custody decisions include:

• Each parent’s ability to provide a stable home

• The child’s relationship with each parent

• Any history of domestic violence or substance abuse

• Each parent’s willingness to cooperate and support the child’s relationship with the other parent

Settling Custody Matters Without Going to Court

Litigating custody disputes in court can be time-consuming and expensive. At Roberts PC, we prioritize negotiation and mediation to help parents reach agreements without the stress of a trial. Resolving custody matters outside of court not only saves money but also allows parents to create a parenting plan that works best for their unique situation.

Speak with a Glen Ellyn, IL Family Law Attorney Today

If you are going through a divorce and have concerns about custody, do not wait to get legal guidance. At Roberts PC, we are committed to helping parents find fair solutions while keeping legal costs manageable. Our Winfield, IL divorce lawyer is directly available to clients, ensuring each has the support he or she needs. Call 630-668-4211 today to schedule a free consultation.