Emergency Child Custody Attorneys in Chicago
The Child Custody Lawyers at Chicago Family Attorneys understand that the safety and wellbeing of our clients' children mean the most to them. We will work tirelessly to ensure that our clients can get the best legal representation possible for any emergency that arises with their children.
Chicago Child Custody Lawyers For Emergencies
At Chicago Family Attorneys, LLC, we understand that situations involving emergency child custody require immediate and decisive legal action to protect the well-being of your children.
Our firm is dedicated to providing swift and effective representation for families facing urgent custody disputes in the Chicago area. Our office is available to take phone calls for emergencies 24 hours a day, 7 days a week.
Call and leave us a voicemail or email us and we will get back to you as quickly as possible.
Emergency Motions and Child Custody in Chicago
What Is an Emergency Motion Used For?
At Chicago Family Attorneys we have vast experience in filing emergencies within child custody cases. We understand that a child's best interests must be advocated for in court and due to our legal knowledge and skill, we are the right attorneys to assist you in your case.
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The first step in filing an emergency motion is determining whether an emergency actually exists. The second step when presenting an emergency motion is determining what type of motion or petition will assist our clients with their underlying goal of protecting their child from harm.
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There are several emergencies in which child custody lawyers usually file emergency motions:​
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Allegations of Abuse of a Minor Child: If there is credible evidence that a child is being physically, emotionally, or sexually abused, or is subjected to neglectful conditions, the court may intervene promptly to remove the child from harm's way. ​
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Removal or Threats of Removal of a Minor Child From Illinois: When a parent intends to relocate a child across state lines without consent or legal authorization as required by statute, the parent threatening the unlawful relocation would be violating the existing custody agreement which can prompt the court to act swiftly to prevent abduction or relocation.
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Exposure to Dangerous Third Parties: If a parent associates with individuals who pose a risk to the child's safety, such as known offenders, the court may find sufficient cause for emergency custody modification. ​
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Mental Health Issues: When a parent goes through a break in their mental health, the other litigant within a case can file an emergency motion to ensure the safety and wellbeing of the minor child within the case.
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Actions By A Parent That Put The Minor In Danger: Any action or neglect by a parent that subjects the minor child within the case to harm or danger that would adversely affect the child's wellbeing.
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Drug or Alcohol Abuse By A Parent​​: A parent's misuse of drugs or alcohol that impairs their ability to care for the child can be grounds for emergency custody, especially if the substance abuse poses a direct threat to the child's safety. ​
After determining which one of these issues applies to your case, the child custody lawyer filing your emergency motion should work with you to write an affidavit and gather evidence that must be presented to the court to gain an emergency order.​
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Chicago Family Attorneys, LLC has the best child custody attorneys in Chicago. That means that we have experience with drafting compelling emergency motions to assist you and the children within your child custody case to get the results that you need. If you need to hire a child custody lawyer for your emergency motion, call us at (312) 971-2581 or book an appointment online.
Emergency Motions to Suspend Parenting Time
How Can An Emergency Motion to Suspend Parenting Time Be Used?
An emergency motion to suspend parenting time is a legal action in Illinois aimed at temporarily halting a parent's visitation rights when their behavior poses an immediate threat to the child's well-being. The Illinois Marriage and Dissolution of Marriage Act presumes that both parents are fit to have parenting time.
However, if a parent's conduct seriously endangers the child's physical, mental, or emotional health, the court may impose restrictions or suspend parenting time to protect the child. Upon filing the motion, the court hears the matter within 24 hours so long as the procedural requirements are met within the county in Illinois in which you filed.
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At the forefront of the emergency hearing will be whether or not an emergency exists and what is in the best interests of the minor child. By statute within the Illinois Marriage and Dissolution of Marriage Act, the courts are required to look out for the best interests of a minor at all times.
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It is important for a parent to outline within their motion which statutes, court orders, and laws accompany the emergency. It is always advisable that evidence be used and clear provable statements are made within the emergency motion or petition that is being brought.
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Several tools can be used to suspend parenting time including a motion to suspend parenting time and also emergency order of protections at times. The difference is that an emergency order of protection requires that the allegations fall underneath the Illinois Domestic Violence Act. The emergency order of protection accompanies a plenary order of protection. The repercussion of a successful order of protection is that if a plenary order of protection hearing occurs, the parent that is being accused of the issues that may be considered domestic violence may be unable to see the minor children within the case for two years.​​​
Can An Emergency Motion To Suspend Parenting Time Be Used Against A DUI Or Substance Abuse Issue?
If a parent has been caught drinking and driving or consuming drugs or alcohol while caring for a minor child or in the presence of a minor, an emergency motion may be filed against the parent to suspend their parenting time. ​The well-being of a child is of the highest concern of the court in custody cases. When a parent exhibits behavior that jeopardizes a child's safety, such as driving under the influence (DUI) or substance abuse, the court has the authority to intervene. An emergency motion to suspend parenting time can be a critical legal tool in these circumstances so long as compelling evidence is submitted to the court.​​
The Legal Framework of Suspending Parenting Time
When bringing a suspension of parenting time for alcohol or drug abuse, 750 ILCS 5/603.5 allows for temporary relief to be brought for the best interests of a minor child and the motion may be brought under Cook County Circuit Court Rules so long as the motion complies with the procedural requirements set forth by the court.
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When making the legal argument, it is advisable that as much information be given to your attorney handling the case so a clear and convincing argument may be examined by the court. Some of this information may include witness statements, arrest records, video recordings, and text message communication.
Repercussions of DUI Offenses in Child Custody Cases
A single DUI or drug offense may not automatically lead to a suspension of parenting time. However if the incident regarding drinking and driving or drug use directly impacted or currently impacts the child's safety, the court will more than likely consider restricting or suspending parenting time on an emergency basis. The main concern will be whether or not the allegations against the parent pose an immediate risk for the minor child. If a parent was caught drinking and driving with the minor child in the vehicle, this will have a much larger consequence and an allocation of parental rights or parenting time issue could be altered for longer than a temporary time frame as a result.
Can Parenting Time Be Suspended As A Result of Mental Health Conditions?
When a parent's mental health conditions are called into question, the court may intervene depending upon the allegations and evidence that is brought before it. While a parent's mental health condition alone does not automatically lead to the suspension of parenting time but the court will consider it if there is evidence that the condition poses a risk to the child's well-being. If a mental health disorder leads to neglect or abuse, an emergency motion will need to outline what has occurred and the evidence that may lead to proving the allegations.
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Once parenting time or parental responsibilities have been suspended, the court will more than likely try to appoint a Guardian ad Litem, request an independent evaluation under 750 ILCS 5/604.10 (b), or the court may appoint a child representative who may file on behalf of the minor child.
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If there have been prior issues regarding the other parent's mental health, it is always helpful to inform the child custody lawyer that you have hired for your case.
How Are Allegations of Abuse Against A Parent Handled With Emergency Motions?
When there are issues of child abuse that occur, often Emergency Orders of Protection are brought to address the allegations. A Petition for Order of Protection and Emergency Order of Protection fall within the Illinois Domestic Violence Act and are meant to protect family members or those who were involved in a relationship from potential abuse.
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When filing an Emergency Order of Protection, a same-day emergency may be heard within the Domestic Violence division at 555 w. Harrison St. in Chicago, Illinois. If there is an open Domestic Relations Division case, the Domestic Violence Division will try to get the same judge who is hearing your Domestic Relations case to hear your Emergency Order of Protection.
Child Custody Emergency Motions and Parenting Time
Motions to suspend parenting time may be used with other motions jointly and are not exclusive to trying to protect the children in a case from another parent's choices.
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Hiring an experienced child custody lawyer for your emergency motion is ideal to assist you in advocating for the best interests of your child and protecting your parental rights. The child custody attorneys at Chicago Family Attorneys, LLC have some of the best legal knowledge available and are willing to represent you in your case. Call (312) 971-2581 or book an appointment online to speak with an attorney immediately.
Emergency Motions for Return of Minor Child in Chicago, Illinois
How Can A Child Be Returned To A Parent With A Emergency Motion?
When a child has been wrongfully taken or retained by a parent or another party in violation of court order, Illinois law allows parents to file in court and have their children returned promptly by filing emergency motions with the court. An emergency motion for the return of a minor child is a legal action that seeks immediate court intervention to restore custody to the rightful parent or guardian.
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For an emergency motion to be brought, it y will need to meet the standards and procedures required by the local Circuit Court. In the Circuit Court of Cook County, the emergency motion for the return of the minor child will need to outline how the minor child will suffer immediate harm or loss of life as a result of the other parent's violation.
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The motion must also outline that the circumstances that led to the filing of the emergency motion were unforeseen and sudden.
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If action is not taken quickly for the return of the child, there are potential jurisdictional issues with regard to the Uniform Child Custody and Jurisdiction Enforcement Act as well as the potential that the court may deem that the issue is no longer unforeseen if an emergency motion is not filed quickly.
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It is important for any parent or guardian of a minor to call a licensed attorney as quickly as possible and retain counsel if their child has been taken by another parent out of state or if a child is being withheld from the other parent. To speak with a licensed attorney to assist you in the return of your child, call Chicago Family Attorneys, LLC at (312) 971-2581 or book a free consultation online.
Cook County Emergency Motion Procedure
Within the Domestic Relations Divison of Cook County, there is concise procedure that must be followed for an emergency motion to be brought before the court.
Cook County Circuit Court Rule 13.4(a)(ii) and General Administrative Order 22 D 12 (GAO 22D12) outline how emergency motions are defined and the procedure to bring them within the Circuit Court of Cook
County. GAO 22 D 12 defines an emergency as a "sudden and unforeseen circumstance that may cause injury, loss of life, or damage to property and that requires urgent response and remedial action."
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Within a litigant's emergency motion or petition, the facts causing the emergency must be defined within the pleading, and an affidavit must be attached by the litigant affirming that the statements made are true within the emergency motion that is being brought.
Drafting a compelling motion requesting the emergency relief sought requires not only legal skill and focus but also extensive knowledge of the case issues, local court rules, and child custody laws in Illinois. without
Hire The Best Child Custody Lawyers Near You For Your Emergency Motion
When urgent child custody issues arise, such as emergency motions to suspend parenting time, obtaining emergency orders of protection, or securing the immediate return of a child, it's essential to have experienced legal support. At Chicago Family Attorneys, LLC, we are committed to providing prompt and effective assistance to protect your child's well-being.
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Comprehensive Experience in Emergency Family Law
Our firm has extensive experience handling a wide range of emergency family law cases and we are dedicated to protecting our clients and their children. We have vast experience with winning emergency motions and petitions, including:​
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Emergency Motions to Suspend Parenting Time: If a parent's behavior poses a risk to a child's safety, we act swiftly to seek court intervention to suspend or modify parenting time.​
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Emergency Orders of Protection: We assist clients in obtaining emergency orders to protect children from abuse, harassment, or threats, ensuring their immediate safety.​
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Emergency Return of Children: In cases where a child has been wrongfully taken or withheld, our attorneys file immediate motions to secure the child's prompt return.
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Our Child Custody Lawyers Focus On Our Client's Needs
We understand that emergency child custody situations are emotionally challenging. Our attorneys provide compassionate support, guiding you through every step of the legal process and keeping you informed to make decisions that best protect your child's interests.​
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Proven Track Record Of Success In Child Custody Emergency Motions
Our firm's success is built on trust and results. We have a proven track record of effectively handling emergency motions and achieving favorable outcomes for our clients. Our dedication to excellence has earned us recognition as one of the most professional, knowledgeable, and caring law firms in the Chicago area.
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Contact Chicago's Top Child Custody Lawyers Today
If you're facing an urgent child custody matter, don't hesitate to seek legal assistance. Contact Chicago Family Attorneys, LLC at (312) 971-2581 or visit our website at www.chiattorney.com/schedule-consultation to schedule a consultation. Our team is ready to provide the immediate support and legal guidance you need to protect your child's well-being.
Contact Our Firm 24/7 For Your Child Custody Emergency
At Chicago Family Attorneys, LLC, we understand that family emergencies don't adhere to regular business hours. That's why we offer around-the-clock availability to assist you with urgent child custody matters, including emergency motions to suspend parenting time, emergency orders of protection, and the immediate return of children. Our dedicated team is ready to provide prompt legal support whenever you need it, ensuring that your family's well-being is protected at all times. We will return your call within 24 hours for new clients with emergency.
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After the consultation for the emergency motion is conducted, payment will need to be made to retain the services for your emergency motion. The price range will be from $1500 to $2,500 depending upon the circumstances and workload of the law firm.
Frequently Asked Questions (FAQs) About Emergency Child Custody Motions in Illinois
What constitutes an emergency in child custody cases?
An emergency in child custody arises when a child's safety or well-being is at immediate risk due to factors such as abuse, neglect, substance abuse by a parent, mental health issues, or threats of abduction. In such situations, a parent may request court intervention to protect the child within the case.
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How do I file an emergency motion to suspend parenting time in Illinois?
To file an emergency motion to suspend parenting time, you must:​
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Draft a Verified Petition: Outline the urgent circumstances which needs the other parent in your case's parenting time suspended or the need in which a child should be returned to you on an emergency basis.
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Provide Notice: Make reasonable attempts to inform the other parent about the motion and hearing details as required by statute.
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File with the Court: Submit your petition to the appropriate family court division within the district you reside.
Given the complexities involved, consulting with an experienced family law attorney is highly recommended. ​
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What is the difference between an emergency custody order and a temporary custody order?
An emergency custody order is issued when a child's immediate safety is at risk, often without the other parent present in ex parte motions, and the orders typically last up to 30 days. A temporary custody order, on the other hand, is established during ongoing custody proceedings to provide stability until a final decision is made and usually involves both parents.
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Can parenting time be suspended due to a parent's substance abuse or DUI?
Yes, if a parent's substance abuse or DUI behavior poses a direct threat to the child's safety, the court may suspend or restrict their parenting time to protect the child's well-being.
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Will the other parent be notified of the emergency motion?
In most cases, you must make reasonable attempts to notify the other parent about the emergency motion and the scheduled hearing. However, if providing notice would further endanger the child, the court may proceed without it. ​
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How long does an emergency order last, and can it be modified?
Emergency orders in Illinois typically last up to 30 days. During this period, the court will schedule a follow-up hearing to determine whether the order should be extended, modified, or terminated based on the child's best interests.
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What factors does the court consider when deciding on an emergency motion?
The court evaluates several factors, including:​
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Immediate Risk: Assessing whether the child's physical or emotional health is in imminent danger.​
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Existing Custody Agreements: Reviewing current custody arrangements and any violations.​
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Parental Conduct: Considering any history of abuse, neglect, or substance abuse by the involved parties.​
The primary concern for the courts is always the child's best interests as required within the Illinois Marriage and Dissolution of Marriage Act.
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Should I hire a lawyer for my emergency motion?
Although it is not required to hire a lawyer for your case, having an experienced family law attorney can be extremely valuable due to the skill, education, and legal strategy that a child custody lawyer can bring to your emergency motion. A skilled child custody lawyer will handle the issues regarding legal procedures, they will ensure all necessary documentation is properly prepared, and they will advocate effectively on your behalf to protect your child's interests.
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If you have further questions or need assistance with emergency child custody matters, please contact Chicago Family Attorneys, LLC at (312) 971-2581 or visit our website at www.chiattorney.com/schedule-consultaiton.