Section Newsletters

Articles on Custody

“Third party” custody disputes in Illinois and the continuing “riddle” of non-parent “standing” By Lawrence Schlam Child Law, March 2009 Third parties, such as step-parents or grandparents who have become “psychological” parents, are faced with an obstacle in Illinois not faced by parents when seeking to gain or retain custody of children.
In re Sophia G.L.: A review of the UCCJEA in the State of Illinois By Michelle L. Blackburn General Practice, Solo, and Small Firm, January 2009 What is the status of the UCCJEA in the State of Illinois? According the Illinois Supreme Court, the UCCJEA is alive and well. The Illinois Supreme Court recently ruled on the case In re Sophia G.L., No. 104603, and in doing so overturned the decision of the 4th District Appellate Court, reversing the ruling of the Greene County Circuit Court.  
Motions to stay pending appeal in custody cases By Matthew A. Kirsh Family Law, November 2008 As most practitioners know, the conclusion of a contested custody trial is not, by a long shot, the end of the litigation.
Contested custody/Visitation litigation: A satire By Roza Gossage & Pamela J. Kuzniar Bench and Bar, October 2008 Years ago, super heroes held the values of our ancestors and would not father a child out of wedlock.
Representing the Hearing-Impaired Client in Child Custody Cases By Robin R. Miller Family Law, October 2008 I recently experienced the challenge and the privilege of representing a hearing-impaired client in a child custody proceeding.
Supreme Court decision a win for custodial parents and a warning to employers By Christina M. Webb Young Lawyers Division, February 2008 On November 29, 2007, the Illinois Supreme Court held that a $1,172,100 penalty pursuant to Section 35(a) of the Income Withholding for Support Act was constitutional as applied to an Illinois employer who failed to forward income withheld for child support in a timely manner.
The Miller case: Custody dispute—Limiting the number of witnesses—Proper offer of proof By Charles R. Winkler Family Law, January 2008 Dustin Miller and his wife Bethany were engaged in a custody dispute. In February of 2004 a hearing took place in Quincy, Illinois and Dustin won.
Prevention of the Holiday Emergency Motion…is it possible? Maybe yes, maybe no. But, minimizing the possibility, absolutely! By Brigid A. Duffield Family Law, November 2007 Taking charge of your office policies and reviewing your own client control techniques and especially your office “lines in the sand” will go a long way to helping you plan your own stress-free holiday and enjoy it with your family instead of your client’s family.
Your client wants to vacation outside the U.S. with the kids but the other parent fears abduction… If the destination country is a Hague signatory, here’s a possible solution By Jacalyn Birnbaum International and Immigration Law, November 2007 Not an uncommon problem in a pending pre-decree case: One parent seeks to vacation with the children outside the country and the other parent—concerned about possible abduction—refuses to permit the vacation in the absence of an Order of Court.
Your client wants to vacation outside the U.S. with the kids but the other parent fears abduction… If the destination country is a Hague signatory, here’s a possible solution By Jacalyn Birnbaum Family Law, September 2007 Not an uncommon problem in a pending pre-decree case: One parent seeks to vacation with the children outside the country and the other parent—concerned about possible abduction—refuses to permit the vacation in the absence of an Order of Court.
Child custody statutes ready for a complete overhaul By David N. Schaffer Family Law, July 2007 On this, the thirtieth anniversary of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) 750 ILCS 5/1above01 et seq., it is clear that, at minimum, the section concerning child custody and visitation Id. at 5/601 – 5/608 needs a complete overhaul.
Contested custody / visitation litigation: A satire By Roza Gossage & Pamela J. Kuzniar Family Law, April 2007 Years ago, superheroes held the values of our ancestors and would not father a child out of wedlock.
Removal in parentage cases after Fisher v. Waldrop By Nanette A. McCarthy & Carol Jones Family Law, January 2007 Joan and Richard had one child—Samantha—during their relationship.
Case law in child abuse and neglect and custody matters By Catherine M. Ryan Child Law, December 2006 During 2006, the Appellate Courts addressed the proper standards for a father in a neglect case, a grandparent in a custody case and a teacher appealing an indicated finding of abuse.
Preparing for an expedited appeal in child custody cases By Stacey Mandell Child Law, September 2006 On July 1, 2004, the Illinois Supreme Court adopted Rule 306A, which established expedited appeals procedures in child custody cases.
New Article IX. Child custody proceedings By Susan E. Kamman Family Law, June 2006 An overview of the new 900 series of the Illinois Supreme Court Rules.
Supreme court rules and custody: A summary By Hon. Barbara Crowder Bench and Bar, June 2006 The Supreme Court has established new rules that will dramatically change—and hopefully improve—custody and visitation procedures and outcomes.
Offers of proof: What are they and when do you need them? By Patrick M. Kinnally Civil Practice and Procedure, April 2006 The trial court has entered an order which declares the dissolution of marriage complaint that was filed three months previous is: (1) set for trial in 60 days; and that if either party wanted to call more than two witnesses it had to request a pretrial conference seven (7) days before trial.
Legislative update By Sandra Crawford Women and the Law, October 2004 It is the on-going commitment of the Women in the Law Committee to continue to actively monitor and comment on new and proposed legislation and to highlight existing laws of importance and interest to women and families.
The Uniform Child Custody Jurisdiction and Enforcement Act By Rory Weiler Family Law, June 2004 Effective January 1, 2004, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)2 will supplant the Uniform Child Custody Jurisdiction Act (UCCJA) and become the law of the land in Illinois, as it already has become in approximately 30 other states.
Why do we need to revamp custody? By Laura Urbik-Kern Racial and Ethnic Minorities and the Law, May 2004 In the 25 years since the custody act has been written, there has been much discussion among family lawyers about why the custody act is in need of overhaul.
Legislative update for family law practitioner: Illinois General Assembly, Spring 2004 session By Adrienne W. Albrecht Family Law, March 2004 This spring session of the Illinois Legislature is getting into full swing. At this stage, it seems every other legislator has his or her name on one or more pieces of family law legislation.
Sole custody judgment diminished By James E. Buchmiller General Practice, Solo, and Small Firm, March 2004 It is somewhat customary for attorneys representing fathers of minor children in custody disputes to advise them that the best they can hope for is liberal visitation.
Editorial Family Law, April 2003 The Illinois State Bar Association's Family Law Section Council believes that our current custody and visitation provisions do not go far enough to prevent the damage the Dissolution process causes to families, and particularly, the children.
Family Law case update By Adrienne W. Albrecht Family Law, April 2003 Cases issued between July, 2002 - February, 2003 and of interest to family law practitioners.
“My kid is gone” Family Law, April 2003 There you are, sitting in your office trying to understand why anyone could possibly reject the very realistic and reasonable settlement proposal you have made in a case, when your mental meanderings are interrupted by a hysterical (potential) client telling you that their child has been snatched by the other parent, and taken out of the country.
Opening statement Family Law, April 2003 One of the most contentious areas of practice is in the determination of the custodian for children in dissolution proceedings.
Relocating a child born out of wedlock against the wishes of the non-custodial parent By Adrienne W. Albrecht Family Law, December 2002 For some time now, the appellate courts in Illinois have unanimously held that the custodial parent of a child born out of wedlock need not obtain leave of court before permanently locating the child out of Illinois.
Modification of joint custody agreement By Anne M. Martinkus General Practice, Solo, and Small Firm, October 2001 The original 1977 Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5, did not include any provisions for joint custody.
Recent cases By Barry H. Greenburg Family Law, May 2001 Summaries of the recent cases of In Re the Marriage of Drury, In Re Petition of Mary Klak, In Re Marriage of Carter, In Re Shaddle, In re Adoption of D___, In Re Marriage of Lehr, In Re Marriage of Gattone, In Re J.P., In Re Marriage of Beerbridge, In Re the Marriage of Buck, In Re Marriage of Didier, In Re the Marriage of Petersen, In Re Donath v. Buckley, In Re Cerven and In Re Troy S. and Rachel S.

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