Emergency Custody Order Illinois
If your child faces imminent physical danger, abuse, or removal from Illinois, you may qualify for an emergency custody order under 750 ILCS 5/603.5. I file ex parte motions to protect children when every hour matters.
Available for Urgent Response
Emergency custody motions can be heard same-day or within 24-48 hours. A 14-day hearing follows to determine if protection should continue. Don't wait—every delay increases risk.
Serving Cook, DuPage, Lake, Will Counties & All Illinois Courts
Quick Answer: Emergency Custody Order Illinois
Under 750 ILCS 5/603.5, Illinois courts grant emergency custody orders when a child faces imminent physical danger, abuse, neglect, or risk of removal from Illinois. You file an ex parte motion (without the other parent present), and a judge can issue a temporary order within 24-48 hours. A full hearing must occur within 14 days to determine if the order continues. You must prove immediate and irreparable harm—not just poor parenting. Attorney Jonathan D. Steele handles urgent custody protection across Illinois.
What Qualifies as an Emergency?
Not all custody disputes qualify for emergency intervention. Illinois courts require proof of imminent physical danger or irreparable harm—the child cannot wait for a standard custody hearing.
Physical Abuse
Recent or ongoing physical abuse of the child. Evidence: medical records, photos of injuries, witness statements, police reports, DCFS involvement, or protective orders.
Domestic Violence
Child exposed to or threatened by domestic violence. Even witnessing violence qualifies. Orders of protection can be filed simultaneously with emergency custody motions.
Substance Abuse
Active drug or alcohol abuse creating immediate danger. Evidence: failed drug tests, DUI arrests, overdoses, witnesses to impaired parenting, or unsafe living conditions.
Risk of Removal
Parent threatens or plans to take the child out of Illinois without permission. Evidence: plane tickets, moving plans, statements of intent, or passport activity.
Neglect & Endangerment
Child left unsupervised, living in unsafe conditions (no utilities, hazardous environment), or denied critical medical care. DCFS reports strengthen emergency motions.
Sexual Abuse
Allegations or evidence of sexual abuse require immediate court intervention. DCFS must be notified. Emergency orders protect the child pending investigation.
What Does NOT Qualify
Disagreements about parenting styles, missed phone calls, or general dissatisfaction do not qualify for emergency orders. Illinois courts require imminent physical danger—not emotional disputes. If your situation doesn't meet the emergency standard, I can pursue standard custody modifications or post-decree motions.
How Emergency Custody Orders Work
Emergency custody motions move faster than standard cases, but strict procedural rules apply.
Timeline: Ex Parte to 14-Day Hearing
File Ex Parte Motion
We draft and file a Petition for Emergency Custody with supporting affidavits and evidence. The other parent is not notified yet—this is an ex parte motion.
Timeframe: Day 0Emergency Hearing (Ex Parte)
A judge reviews the motion same-day or within 24-48 hours. If approved, a temporary emergency order is issued immediately. The child is protected while awaiting the full hearing.
Timeframe: Day 0-2Other Parent Notified
After the emergency order is granted, the other parent is served with notice and a copy of the petition. They have the right to respond and request the 14-day hearing.
Timeframe: Day 2-314-Day Full Hearing
Under 750 ILCS 5/603.5, a full evidentiary hearing must occur within 14 days. Both parents testify, present evidence, and call witnesses. The court decides if the emergency order should continue, be modified, or be dismissed.
Timeframe: Day 14 (MANDATORY)Court Decision
The judge issues a final order. If danger persists, the emergency order becomes a temporary custody order pending full custody proceedings. If not, the order may be dissolved or modified.
Timeframe: Day 14+What to Document & Bring
Emergency motions require clear and convincing evidence. The more documentation you provide, the stronger your case. Gather everything before filing.
Police Reports
Domestic violence, child abuse, or welfare checks
Medical Records
Injuries, ER visits, psychiatry records, missed treatments
Protective Orders
Current or past orders of protection (750 ILCS 60/)
Text Messages & Emails
Threats, admissions of substance abuse, neglect evidence
Photos & Videos
Injuries, unsafe living conditions, intoxication
DCFS Reports
Child protective services investigations or findings
Drug/Alcohol Tests
Failed tests, DUI arrests, rehab records
Witness Statements
Teachers, doctors, neighbors, family members
School Records
Absences, behavioral changes, counselor notes
Burden of Proof at the 14-Day Hearing
At the 14-day hearing, you must prove the emergency continues to exist with clear and convincing evidence—a higher standard than "preponderance of the evidence." The other parent will present counter-evidence. If you cannot meet this burden, the emergency order may be dissolved. Thorough preparation is critical.
Domestic Violence & Emergency Custody
If you or your child are victims of domestic violence, you can file both an Order of Protection (750 ILCS 60/) and an Emergency Custody Motion simultaneously. These work together to create immediate safety.
Order of Protection
Prohibits the abuser from contact, removes them from the home, and grants you temporary custody. Can be obtained same-day in emergency situations.
Emergency Custody Order
Grants you temporary sole custody and removes the other parent's access to the child. This is separate from the protection order and focuses on the child's best interests.
National Domestic Violence Hotline: 1-800-799-7233 (24/7)
Why Domestic Violence Cases Are Different
- Presumption Against Abuser: Illinois law presumes it's not in a child's best interest to have parenting time with an abuser (750 ILCS 5/603.10).
- Supervised Visitation: Even if the abuser retains some parenting rights, visits may require professional supervision.
- Faster Court Action: Judges prioritize DV cases. Emergency orders and protective orders can be granted within hours.
- Criminal Charges: If police were involved, criminal domestic battery charges may support your custody case.
Why Digital Evidence Wins Emergency Cases
Most family lawyers miss digital evidence that can make or break an emergency custody case. I'm the only Chicago divorce attorney with professional cybersecurity certifications.
Text & Social Media
I authenticate text messages, Facebook posts, Instagram stories, and Snapchat evidence to prove substance abuse, threats, or neglect. Most attorneys don't know how to make this admissible in court.
Location Data
GPS metadata from photos, co-parenting apps, or phone records can prove a parent wasn't where they claimed to be—or was at a bar, casino, or unsafe location during their parenting time.
Video & Ring Doorbell
Ring doorbell footage, nanny cam recordings, or security camera videos can capture abuse, intoxication, or neglect. I ensure this evidence is preserved and authenticated properly.
About Jonathan D. Steele
Illinois Super Lawyers Rising Star (2016-2025). Partner at Beermann LLP. Professional certifications in cybersecurity (CompTIA Security+, EC-Council CEH, ISC2 CC).
I understand the technical and legal issues that arise when digital evidence determines custody outcomes. When your child's safety depends on proving what really happened, technical expertise makes the difference.
View Full BioFrequently Asked Questions
Emergency custody law in Illinois—answered by an attorney.
What qualifies as an emergency custody situation in Illinois?
Under 750 ILCS 5/603.5, emergency custody is granted when a child faces imminent physical danger, abuse, removal from Illinois, or neglect. Courts require immediate and irreparable injury evidence—not just poor parenting disagreements. Examples include active domestic violence, severe substance abuse, sexual abuse allegations, or plans to flee the state.
How fast can I get an emergency custody order in Illinois?
Ex parte emergency orders can be granted same-day or within 24-48 hours without the other parent present. However, a full hearing must occur within 14 days under Illinois law to determine if the order should continue. The initial ex parte order protects the child while awaiting the full hearing.
What happens at the 14-day emergency custody hearing?
At the 14-day hearing under 750 ILCS 5/603.5, both parents present evidence. The court decides if the emergency continues, modifies the order, or dismisses it. You must prove ongoing imminent danger with clear and convincing evidence—a higher standard than standard custody cases. Both sides can call witnesses, submit documents, and testify. If you cannot prove the emergency persists, the order may be dissolved.
Can I get emergency custody if my ex is using drugs?
Yes, if you can prove active substance abuse creating imminent danger to your child. Evidence includes recent drug tests, witness testimony, police reports, medical records (overdoses, ER visits), or documented incidents of impaired parenting. Allegations alone are not enough—you need concrete proof that the drug use creates immediate risk to the child's safety.
What documents do I need for an emergency custody motion?
Bring police reports, protective orders, medical records, photos of injuries, text messages, witness statements, DCFS reports, drug test results, and any evidence of immediate danger. Time-stamped documentation is critical. The more corroborating evidence you have, the stronger your case. Video footage, social media posts, and co-parenting app records can also be powerful evidence.
Does domestic violence qualify for emergency custody in Illinois?
Yes. If your child witnessed or was threatened by domestic violence, this qualifies under 750 ILCS 5/603.5. Orders of protection (750 ILCS 60/) can be filed simultaneously with emergency custody motions for immediate family safety. Illinois law presumes it's not in the child's best interest to have contact with an abusive parent (750 ILCS 5/603.10). Police reports, medical records, and witness statements strengthen these cases.
How much does an emergency custody attorney cost in Illinois?
Emergency custody cases are time-sensitive and complex, requiring immediate court filings and hearings. Fees vary based on case complexity, evidence preparation, and court time. During your initial consultation, I provide transparent fee structures. Some clients qualify for payment plans. Call (847) 260-7330 to discuss costs specific to your situation.
Can my ex fight the emergency custody order?
Yes. After you obtain an ex parte emergency order, the other parent is served with notice and has the right to contest it at the 14-day hearing. They will present counter-evidence to refute your claims. This is why thorough documentation and strong legal representation are critical—you must be prepared to defend the emergency order against aggressive opposition.
Your Child's Safety Can't Wait
If your child is in danger, every hour matters. Emergency custody orders can be obtained within 24-48 hours. I handle urgent filings across all Illinois counties.
Serving Cook, DuPage, Lake, Will, Kane, McHenry, Kendall Counties & All Illinois Courts
ATTORNEY ADVERTISING. This website is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content or submitting a contact form. Past results do not guarantee future outcomes. Every case is unique and outcomes depend on individual circumstances. Jonathan D. Steele is licensed to practice law in Illinois. For emergency situations involving immediate danger, call 911 or contact local law enforcement first.