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Legal Information: Illinois

Custody

Laws current as of November 18, 2024

Can I get parental responsibilities for my child in my order of protection?

As part of the order of protection for domestic violence, you can ask the judge to give you physical care and possession of your children and temporary significant decision-making. What the judge can give you depends on the type of order you get:

Type of order of protection: The judge can:
  • Emergency order or “ex parte” interim order. This means the order is issued without notifying the abuser.
  • Give you physical care and possession, meaning the children will be with you.
  • Order the abuser to return the children to you, or not to remove them from you.1
  • Plenary (final) order or interim order issued after the abuser was personally served or appeared in court.
  • Give you physical care and possession, meaning the children will be with you.
  • Give you temporary significant decision-making.2

The judge can also decide whether it is safe for the abuser to have parenting time with the children. If the judge allows parenting time, the order must clearly state the dates, times, and any rules the abuser must follow. The abuser can be prohibited from coming to your home to pick up the children.3 To learn more about when the judge can deny or limit the abuser’s parenting time, go to Can the abuser be denied parenting time as part of the order of protection?

Note: In an order of protection, having the child with you is called “physical care and possession,” and visitation for the other parent is called “parenting time.” This is slightly different from an allocation of parental responsibilities judgment, where “parenting time” may refer to either parent’s time with the children.4 To learn more about allocation of parental responsibilities and parenting time in a custody case, go to What are “parental responsibilities,” “parenting time,” and “significant decision-making”?

1 750 ILCS 60/214(b)(5); 60/217(a)(3)(i); see also 750 ILCS 60/218
2 750 ILCS 60/214(b)(5),(6); see also 750 ILCS 60/218; 60/219
3 750 ILCS 60/214(b)(7)
4 See 750 ILCS 60/214(b)(5),(7); 5/600(d), (e); 5/602.7; 5/602.8