What is an Emergency Motion for Parental Responsibilities?

 Posted on August 21, 2024 in Allocation of Parental Responsibilities

When serious disputes arise about the allocation of parental responsibilities, the response of Illinois courts can be swift. With the goal of protecting the best interests of the child, if an emergency motion suggests a child is at risk, the courts will virtually always act quickly. A dispute may arise between parents during times when temporary custody orders are in effect or after the divorce, when final allocations of parental responsibilities have been determined.

When an emergency motion is filed, it is because one of the child’s parents has serious worries about the child’s immediate safety.  If you are a parent who has such concerns, speak to your Oak Park, IL child custody attorney from the Law Office of Vincent C. Machroli, P.C. to discuss the best way to proceed. If your attorney feels an emergency motion is warranted, he will likely set a court date quickly.

What You Should Know About Emergency Custody Motions

An emergency motion for parental responsibilities is only granted when one parent asks the court for an immediate response regarding an issue with the other parent that threatens the safety of the child, and the court agrees. The parenting plan may also be changed temporarily to award sole custody of the child to the parent filing the emergency motion, but this should not be considered a final decision.

Because of the nature of an emergency motion, the usual notification requirements may not apply. No notification to the other parent is usually considered a last resort and happens only when the court believes abuse of the child has occurred, the child is in danger, or the other parent is attempting to abduct the child. In other, less serious cases, the other parent must receive notice from the parent filing the emergency motion, although this notice can be sent in the form of an email.

When Is an Emergency Motion for Parental Responsibilities Warranted?

It is important to remember that filing emergency motions is not permitted for minor disputes between parents, such as, for example, when one parent is consistently late picking up or dropping off the child. Emergency motions are reserved for times when one parent believes one of the following is true:

• The child is being physically, emotionally, or sexually abused by the other parent;

• The safety of the child is being blatantly disregarded by the other parent;

• A mental health issue or substance abuse issue on the part of the other parent may potentially endanger the safety of the child;   

• The child has been abducted by the other parent; or,

• The child has been taken out of state against court order 

What Happens When a Judge Grants an Emergency Motion for Parental Responsibilities?

If the judge believes your child’s safety is in danger and grants an emergency motion for revised parental responsibilities, the allocation of parental responsibilities could change, with you being granted sole custody (full parenting time and all parental responsibilities), but this sole custody order may only be on a temporary basis.

Once the child’s safety is secured, the family court will review all relevant evidence and issue a final order. This order may limit the other parent’s responsibilities or time with the child. If the action that led to the emergency motion is particularly egregious, the other parent may be given only supervised visitation with the child, or possibly given no visitation at all.  

Contact a Hillside, IL Child Custody Lawyer to Schedule a Free Consultation

Should you find yourself in a position where you believe your child’s safety is in danger while he or she is with the other parent, reach out to the experienced child custody lawyer at the Law Office of Vincent C. Machroli, P.C. We will comprehensively explain your parental rights, provide the best options for protecting your child, and be the strong legal advocate you need. Our Oak Park, IL child custody attorney fully understands the stakes and will use every available legal resource to ensure your child’s safety. Call 708-449-7404 now.