By GARY L SCHLESINGER 750 ILCS 5/506 is entitled representation of child. Subparagraph (a) is titled “Duties.” Three different positions are listed. One is attorney for the child who owes “the same duty of undivided loyalty, confidentially, competent representation as are due to an adult client.” The second is the child representative who “shall have…Read More
Child Custody When a Parent is Facing Incarceration
The U.S. has one of the highest incarceration rates in the world and, unfortunately, millions of children may have parents that are in jail or prison at some time in their childhood. Because there are potentially negative consequences for a child of an incarcerated parent, considering a child’s best interest with regard to child custody…Read More
Who Plays a Role in Illinois Child Abuse and/or Neglect Cases?
Typically, many parties become involved in a child abuse and/or neglect case, which can sometimes make it difficult for parents of the child to figure out who’s who and what their roles are. Typically the case will involve multiple individuals advocating for the child’s best interests: State’s Attorney The States attorney represents the Department of…Read More
Guardian Ad Litem Negligence
In a case entitled Nichols v. Fahrenkamp, the Fifth Appellate District decided a case involving negligence of a guardian ad litem in probate court. 2018 IL App (5th) 160316. It was decided July 9, 2018. The facts are that David Fahrenkamp, a lawyer, was appointed guardian ad litem for a minor in probate court who…Read More
Guardians Ad Litem Beware
Pursuant to 750 ILCS 5/506 (a) “in any proceedings involving the support, custody, visitation, allocation of parental responsibilities, education, parentage, property interests, or general welfare of a minor or dependent child, the Court may, on its own motion or that of any party, appoint an attorney to serve in one of the following capacities to…Read More
Resolving Illinois Child Custody Disputes
If divorcing parents are unable to work together regarding child custody and visitation arrangements (aka parenting time), the case may go to court in order to find a resolution that serves the child’s best interests. Although parents presumably know what is best for their child, they may lack objectivity in a contentious divorce so a…Read More
Illinois Guardian Ad Litem
When you are considering divorce, your child’s well-being is a priority. Legal custody, physical placement and child support issues must be decided. Sometimes, however, divorcing parents cannot agree what is in the best interests of their children. They cannot see eye to eye on who will make major decisions for the child, the amount of…Read More
