Temporary Orders

  • A party to a custody proceeding, including a proceeding to modify custody, may move for a temporary custody order. The court may award temporary custody under the standards of Section 602 and the standards and procedures of Section 602.1, after a hearing, or if there is no objection, solely on the basis of the affidavits.
  • If the proceeding for dissolution of marriage or legal separation or declaration of invalidity of marriage is dismissed, any temporary custody order is vacated unless a parent or the child’s custodian moves that the proceeding continue as a custody proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child requires that a custody judgment be issued.
  • If a custody proceeding commenced in the absence of a petition for dissolution of marriage or legal separation, under either subparagraph (ii)of paragraph (1), or paragraph (2) of subsection d) of Section 601, is dismissed, any temporary custody order is vacated.
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