Effective May 24, 2023, the Illinois Supreme Court adopted Rule 909 which provides procedures, definitions and rules for the appointment of Parenting Coordinators. Here’s what you need to know. Under Illinois law, a parenting coordinator is a qualified third party who is appointed by the judge to address and resolve…
Articles Posted in Child Custody
Why Do I Need a 604.10(b) “Custody Evaluation”?
Toxicity can exist in every case, particularly when it comes to cases involving children and the vindictive ex-spouse you share those children with. As one may imagine, or may have experienced, the vitriol exchanged between two parents can boil over to the point of being detrimental to the children. And…
Is There A Procedural Deadline for Mental Health Examinations?
This article should be read in conjunction with our May 2015 article on Mental Health Examinations. There any number of child related issues that may arise in a divorce or parentage matter. Frequently, the most intractable issue are those which pertain to the mental or physical fitness on the…
Trial by Combat under Illinois Law?
“I will sue you!” is a common phrase meant to inform someone that you will seek legal recourse in order to settle your dispute in court. In the alternative, “I will meet you ‘on the field of battle where I will rend [your] souls from [your] corporal bodies’” is not…
Emergency Jurisdiction in Illinois for Child Custody Cases – The Basic Concepts
In general, the purpose of the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) is to resolve custody disputes by directing the court with “continuing and exclusive jurisdiction” the jurisdiction to modify and enforce custody disputes that may arise between two different states. While each state has its own child…
What About What the Child Wants?
In a divorce case involving children or in parentage case, it is usually pretty easy to figure out what each of the parents wants. What often isn’t clear is what the child wants, and how much weight the court should give to a child’s expressed wishes. The Illinois Marriage…
Are Your Child’s Counseling Sessions Really Confidential in Illinois?
In Illinois, the Mental Health and Developmental Disabilities Confidentiality Act (MHDDCA), protects communications made between a client and a therapist. Generally, when an individual begins therapy, the therapist’s first obligation is to explain that anything the client says to the therapist will remain confidential. However, this may not always be…
What Is My “Income” for Calculating Maintenance and Child Support?
Whether it be maintenance to or from your current or former spouse, or support for your child(ren), your income is relevant in divorce and parentage proceedings. The fact that you are the person obligated to pay or the person who receives money from another does not change the need for…
Equal Parenting Time: House Bill 4113 Returns as Illinois House Bill 185
Last year, the Illinois legislature introduced Illinois House Bill 4113, which was the most politically controversial family law bill in a generation. It proposed a statutory mandate requiring a 50/50 shared parenting time schedule in divorce and parentage cases, except under limited circumstances. The legislation was supported by father’s rights…
Grandparents Raising Grandchildren: Illinois Law on Legal Standing
In society today, how we define what makes up a family is extremely diverse. Many children today are born and raised in unmarried or single-parent households. Often, extended family members, including grandparents, aunts, uncles, and adult siblings, raise and even adopt children. Courts previously made rulings and upheld laws in…