Visitation

Soberlink vs. BACTrack – an Illinois Family Law Attorney’s Review

Published on: September 15, 2023 | Kollias, P.C.

Under Illinois law a parent has a fundamental right to parenting time with his or her child. The only way that right can be restricted is if the other parent can prove that parenting time seriously endangered the child’s physical, mental, or moral health, or significantly impaired the child’s emotional development. That requires the parent seeking to restrict parenting time to file a petition with the court, alleging what happened and how it affected the child. The parent seeking the restriction bears the burden of proving the acts which endangered the child actually occurred. In that context, allegations regarding a parent’s alcohol abuse present a fairly common issue in family court.

When alcohol abuse has been proven and the court finds that a child has been endangered as a result, Illinois courts will frequently require some form of breathalyzer testing before and during parenting time, to confirm that the parent who previously endangered the child is sober. A well-drafted court order should specify the time and manner of breathalyzer testing, as well as the consequences for a missed test or a failed test.

Two of the leading products and services in breathalyzer testing are provided by Soberlink and BACTrack, and they are remarkably similar. Each of the companies sells smartphone compatible breathalyzer devices. Each of the companies offers multiple subscription plans for testing and reporting. Each of the companies enjoys a good reputation with the family court judges and with family court attorneys, who regularly order parents to utilize one service or the other.

Questions & Answers on the New Rule for Parenting Coordinators Under Illinois Law

Published on: June 5, 2023 | Kollias, P.C.

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 parenting conflicts on an out-of-court basis. The idea is to create a mechanism for the resolution of parenting disputes in high-conflict cases more quickly and inexpensively than going through the court system. Specifically, they are required to make recommendations within 14 days, and the cost is typically split between the parties by court order, though the court can may one party responsible for the entire cost. One way to think of a parenting coordinator is as a referee to address parenting disputes on an expedited basis.

What is parenting coordination? Supreme Court Rule 909 defines the term as:

a child-focused alternative dispute resolution process
conducted by either a licensed mental health or a family law professional
which combines assessment, education, case management, conflict management, dispute resolution, and decision-making functions.

Why Do I Need a 604.10(b) “Custody Evaluation”?

Published on: March 20, 2023 | Kollias, P.C.

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 themselves. And everyone else around them. Questions can then be raised as to the psychological state of the parents, in general. Why do they criticize the other parent? Can’t they see the children are being affected noticeably, possibly endangering their mental, moral, or physical health, or impairing their emotional development? Who is mostly responsible for the breakdown in co-parenting, and what is the best interests of the children from a medical standpoint?

A Doctor of Clinical Psychology may have the answers to these questions, and the Court may seek that doctor’s opinion to get to the bottom of these questions before the case goes to trial. Section 604.10(b) of the Illinois Marriage and Dissolution of Marriage Act governs the processes of interviewing, evaluating, and investigating children as well as parents and other collateral witnesses in cases that demand special attention due to the overwhelming prevalence of confrontation. Known as the “court’s professional,” otherwise referred to as a “604.10(b) evaluator,” this clinical psychologist is specifically tasked with offering an opinion as to the legal outcome which would be in the best interests of a child. The evaluator’s opinion is above and beyond the recommendations of a guardian ad litem, who is typically appointed prior to the retention of the evaluator. The guardian ad litem often provides the Court with an opinion as to whether to appoint an evaluator to provide a further opinion on the issues that may seem unresolvable.

What About What the Child Wants?

Published on: October 13, 2020 | Kollias, P.C.

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 and Dissolution of Marriage Act (IMDMA), which governs child-related issues arising in divorce and parentage cases, sets out a series of factors a court should consider in making determinations related to the allocation of decision-making responsibilities (i.e., “custody”) and parenting time (i.e., “visitation”), as well as other child-related issues. This list is commonly referred to as the “best interests of the child” factors.

Are Your Child’s Counseling Sessions Really Confidential in Illinois?

Published on: October 8, 2020 | Kollias, P.C.

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 the case for children whose parents are simultaneously involved in a custody battle, and where a Guardian ad Litem (GAL) has been appointed to investigate and recommend to the court what is in the best interest of the minor child.

In 2017, the Illinois legislature added section 607.6 to the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Given how recently section 607.6 was added, there is not much case law interpreting its provisions. Under this section of the statute, a court may order individual counseling for a child, family counseling for the parties and the child, or parental education for one or more of the parties. Perhaps the more controversial portion of 607.6 can be found in subsection (d). Section 607.6(d) provides, “all counseling sessions shall be confidential. The communications in counseling shall not be used in any manner in litigation nor relied upon by any expert appointed by the court or retained by any party.”

Substitute Parenting Time When Servicemembers Are Deployed

Published on: March 30, 2020 | Kollias, P.C.

If you are currently an active duty military servicemember with orders to deploy, you may be wondering what happens to your parenting time with your kids while you are deployed. In other words, will you be forced to forfeit your parenting time with the minor children by virtue of your deployment? Will the children automatically need to stay with the non-deploying parent the entire time you are gone or can someone else exercise your parenting time in your place? Worry not, because these questions have been answered by the Illinois legislature.

For many servicemembers, the thought of “substitute” parenting time never crosses their mind. A common assumption is that if they are deploying, their children will naturally need to stay with the other non-deploying parent full-time until they return. However, for some families, this is not always the most functional scenario. For example, for children with parents who live in two different states, and with parents who do not get along, seeing both sides of the family can get very complicated when the non-deploying parent is unwilling to schedule time for the children to see the deployed parent’s family. Another example of where this may become complicated, is where the non-deploying parent does not have the capability of having parenting time with the children full-time due to other obligations such as work.

Parenting Time During Coronavirus: How Are The Rules Enforced in Illinois?

Published on: March 22, 2020 | Kollias, P.C.

During these unprecedented times during the Covid-19 outbreak, it seems like everything is uncertain and up in the air. On Friday, March 20, 2020, Governor Pritzker enacted Executive Order In Response to COVID-19 (COVID-19 Executive Order No. 10), otherwise known as the “Shelter In Place” order. The order provides that all residents of the State of Illinois must stay home, practice social distancing and that all “non-essential businesses” must cease operations (with certain exceptions). This order left many parents with questions, such as “Do I still have to hand over my children to the other parent?” Before Governor Pritzker clarified his initial shelter in place order, the answer was that we simply didn’t know. However, as the governor has expanded his order, we have more clarity. Pursuant to Section 14(e) of the order, it provides:

Essential Travel. For the purposes of this Executive Order, Essential Travel includes travel for any of the following purposes. Individuals engaged in any Essential Travel must comply with all Social Distancing Requirements as defined in this Section:

…(e) Travel required by law enforcement or court order, including to transport children pursuant to a custody agreement. (Emphasis added)

So in short, the answer is yes, you must continue to comply with your parenting agreement. COVID-19 is not an excuse to deny the other parent his or her court-ordered parenting time. However, this would obviously not apply if the child(ren) has been somewhat exposed to the virus and is in self-isolation or is experiencing symptoms of the virus. If this is the case, the parent in possession of the child in self-isolation should clearly communicate to the other parent that the child is exhibiting symptoms of the virus. Remember that the most important thing at this time is the child’s best interests. During this time, communication with the other parent is key, and you should both utilize your best judgment.

Is Cigarette Smoking a Basis to Restrict Parenting Time Under Illinois Law?

Published on: October 28, 2019 | Kollias, P.C.

Would an Illinois family law court restrict a parent’s ability to smoke cigarettes or vape around a child? Specifically, can a court limit a parent’s time with his or her minor child to prevent the exposure to second-hand smoke or vapor? The answer to this hypothetical question is hazy at best.

First, there’s the data about the harm caused by smoking. According to the Centers for Disease Control and Prevention, over 34 million people in the United States smoke tobacco products. That’s about 14% of all adults in the nation. While the health effects associated with one’s personal use of tobacco are well-established, ranging from cancer to arthritis, it is further believed that approximately 2.5 million nonsmokers have died from health-related problems caused by exposure to secondhand smoke since 1964.

Equal Parenting Time Under Illinois Law

Published on: July 9, 2018 | Kollias, P.C.

Some may rejoice, and some may cringe at the notion that parents might be required to metaphorically “split the baby” under Illinois House Bill 4113, which is currently sitting in committee. Effectively, if passed, House Bill 4113 would represent a dramatic change in how parenting time is allocated among parents.

The applicable statute currently in place, 750 ILCS 5/602.7, requires parenting time to be allocated according to the best interests of the child. As set forth in the current statute, there are numerous factors that are considered in determining what the best interests of the child are. The courts consider facts and evidence relevant to the best interests to shape a parenting time schedule for the parents to follow.

DuPage County Children’s Center

Published on: May 15, 2017 | Kollias, P.C.

In many custody disputes, allegations of abuse against children are thrown around. Sometimes, people use this simply as a means of mudslinging to gain an upper hand in the court’s eyes against the opposing party. However, other times, even the slightest indication of abuse can reveal a Pandora’s Box, leading to a full blow investigation to ensure a child’s safety. In DuPage County, allegations of abuse against children are taken very seriously, and the County specifically set up an investigative body to handle such allegations.

In 1987, Illinois’ first (and the country’s fifth) Children’s Center was opened in DuPage County. In 2001, it was incorporated into the DuPage County Office of the State’s Attorney. The DuPage Children’s Center is distinct from schools and local police departments, and it aims to uncover and collect evidence regarding abuse of children to find the truth. Once the DuPage Children’s Center has corroborating evidence, it will present a case to the Assistant State’s Attorney for review and possible charges.