By Michael Strauss, Published in ISBA’s Newsletter Section on Family Law, August 2021 • Volume 65 • Number 2 For years, the common practice has been that once a judge opines at a pretrial conference or just in general on the case, then a party could not successfully replace the judge by way of a…Read More
Illinois Parenting Time and Parental Responsibility Defined
The language used to define child custody in Illinois can be confusing. What was once referred to as legal custody is now called parental responsibility while physical custody is now referred to as parenting time. To understand what the terms mean, it is important to take a closer look. Parental Responsibility Parental responsibility can be…Read More
Comprehensive Parenting Time Agreement
A comprehensive parenting time agreement not only includes a detailed schedule for the kids to spend time with each parent, but may also address issues such as screen time, dating parents, how to share expenses, or even how to resolve disputes in the future. Parents in Illinois often share custody of children which provides relatively…Read More
Hiring an Expert Witness in a Child Custody Case
An expert witness is a professional qualified as having the knowledge, skill, experience, training or education in a particular area beyond that of an average person, who may testify in court based upon sufficient facts or data. When a couple is embroiled in a child custody dispute, an expert witness such as a mental health…Read More
Family Law Issues Spike During the Pandemic
Family law attorneys across the country have seen an increase in family law matters since mid-March ranging from financial support and custody modifications to inquiries regarding divorce. Working from home, especially with children in the house, has been a source of increased stress for many married couples, and may well be the final straw for…Read More
Illinois Parenting Plans for a Special Needs Child
Today family courts handle an increasing number child custody cases involving children with special needs, some of whom suffer from common neurodevelopmental and psychiatric disorders such as attention deficit disorders, depressive disorders, and autistic spectrum disorders which present complex challenges to families and family law professionals trying to craft parenting plans and child support provisions…Read More
Petition to Modify Allocation of Parental Responsibilities
Illinois allocation of parenting responsibilities, formerly known as custody, refers to parenting time and the authority to make significant decisions regarding minor children such as religious upbringing or education. When a divorce is finalized, an Allocation Judgement will be entered either by agreement or by a judge’s ruling, which will set forth the parenting time…Read More
Expenses That Go Beyond Standard Child Support Calculation
Although the formula for basic child support is standard in Illinois, there are expenses that could go beyond the standard child support calculation that simply looks at income, parenting time, and the number of children. There may be children with special needs, and therefore extraordinary expenses, or it may be that one spouse has to…Read More
Co-Parenting Following a Divorce? There’s An App For That.
Raising children consumes so much of our time, energy and attention. Parents not only provide a home and sustenance, but also coordinate many educational and social activities in between. From helping kids get their homework done to scheduling and keeping play dates or doctors’ appointments, parenting is a full time job. When parents’ divorce, juggling home…Read More
Child Custody When Children Are Very Young
When trying to determine what is in the best interest of a very young child in a contested child custody proceeding, judges will look at many factors. Continuity of care often weighs heavily in a judges determination when it comes to young’s kids who cannot make heads or tails out of a divorce, let alone…Read More
