Publications

Illinois Bar Journal
Articles on Child Custody and Visitation

Standing for Nonparents Seeking Custody or Guardianship of Minors after In re R.L.S. By Roman J. Seckel February 2007 Article, Page 90 The R.L.S. case created differing approaches to standing under the probate act and the IMDMA. The author analyzes the ruling.
The Grandparent Visitation Statute Violates Parents’ Due Process Rights By Morris Lane Harvey December 2006 Article, Page 663 Is the new statute constitutionally infirm like its predecessor?
New Amendments to the Illinois Grandparent Visitation Statute By Michael K. Goldberg December 2006 Article, Page 660 Effective January 1, grandparents can petition for visitation during a divorce and after some types of adoptions.
Loss of custody and visitation rights for sex offenders -PA 094-0928 November 2006 Illinois Law Update, Page 584 The Illinois General Assembly has created a new section to the Illinois Parentage Act in an effort to protect families who have been victims of sexual crimes. 750 ILCS 45/6.5. 
Appellate court OKs race-based custody decision By Helen W. Gunnarsson October 2006 Lawpulse, Page 518 Trial courts may use the race of parent and child as a factor in determining custody, the second district rules. 
Intrastate Removal: What’s a Noncustodial Parent to Do? By H. Joseph Gitlin October 2006 Column, Page 558 Make sure restrictions on intrastate removal are reasonable, Gitlin says.
The Misuse of Mediation in Joint Parenting Agreements By Alison G. Turoff October 2006 Article, Page 546 What happens when parties empower the mediator not only to help resolve disputes, but also to investigate and punish breaches of the agreement?
New visitation rights available to grandparents and siblings - PA 094-1026 October 2006 Illinois Law Update, Page 526 Due to the ever-changing definition of family, the Illinois General Assembly amended section 607 of the Illinois Marriage and Dissolution of Marriage Act. 750 ILCS 5/607.
Equitable estoppel not inapplicable to private alterations of child support orders July 2006 Illinois Law Update, Page 334 On April 19, 2006, the Illinois Appellate Court, Second District, reversed the decision of the Circuit Court of DuPage County, which found that it had no authority to determine whether equitable estoppel prevented a mother from collecting unpaid child support from the father. 
New Rules Expedite Custody Proceedings By Aldo E. Botti July 2006 Article, Page 360 A special focus on the rules aimed at speeding up custody cases.
The New Supreme Court Rules Governing Child Custody Cases: A Summary and Review By David N. Schaffer July 2006 Article, Page 354 A review of the new 900 series of Illinois Supreme Court rules, which are designed to improve child custody proceedings and which are effective July 1.
Correspondence from Our Readers June 2006 Column, Page 274 Settlement conference judges; parents aren't "visitors."
Unmarried couples: custodial parent can’t remove child without petitioning court By Helen W. Gunnarsson June 2006 Lawpulse, Page 278 The Illinois Supreme Court says the same removal standard applies to parents who never married as to those who married and divorced. 
Grandparents, others can petition for guardianship of minors By Helen W. Gunnarsson May 2006 Lawpulse, Page 222 But only if the parent is found unfit, the Illinois Supreme Court ruled in In re R.L.S.
Bad Words By H. Joseph Gitlin April 2006 Column, Page 208 Why say "dissolution of marriage" when "divorce" says it more clearly?
New rules expedite custody cases By Helen W. Gunnarsson April 2006 Lawpulse, Page 166 On February 10, 2006, the Illinois Supreme Court issued new rules that will dramatically change procedures in child custody cases. The rules are contained in new Article IX of the Supreme Court Rules and are effective July 1, 2006.
Probate Act section should be read independently of IMDMA April 2006 Illinois Law Update, Page 174 On February 2, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, Third District, reversing and remanding the Circuit Court of LaSalle County's dismissal of a petition for guardianship of a child. 
Removal: the Still-Evolving Standard By H. Joseph Gitlin January 2005 Column, Page 46 The Illinois Appellate Court takes yet another tack.
Grandparents granted the right to initiate child custody proceedings under IMDMA P.A. 093-1026 November 2004 Illinois Law Update, Page 568 The Illinois Marriage and Dissolution of Marriage Act has been amended by modifying the child custody proceeding requirements imposed by section 601(b)(4). 
The New, Narrower Illinois Grandparent Visitation Statute By Michael K. Goldberg November 2004 Article, Page 578 The legislature takes another crack at grandparent visitation.
Relocation: the Evolving Standard By H. Joseph Gitlin October 2004 Column, Page 546 Illinois courts are fine tuning the standard for determining when to permit a custodial parent to move out of state.
Because the evidence clearly demonstrated that the proposed move could enhance the quality of life for her children, the trial court’s denial of the mother’s removal petition was against the manifest weight of the evidence September 2004 Illinois Law Update, Page 456 On June 17, 2004, the Illinois Appellate Court, Second District, held that the trial court's determination that removal of the petitioner's children from Illinois to Switzerland was not in the children's best interests was against the manifest weight of the evidence.
Grandparent visitation, take 2 By Helen W. Gunnarsson September 2004 Lawpulse, Page 450 The legislature passes a new grandparent visitation law, which is designed to cure the defects of its unconstitutional predecessor.
Sexual Morality and Children of Divorce By H. Joseph Gitlin September 2004 Article, Page 468 How does parents' post-marital sexual behavior affect their right to custody and visitation? A look at Illinois law.
The defendant’s failure to prove that removal of her children from Illinois would be in the children’s best interests was not against the manifest weight of the evidence August 2004 Illinois Law Update, Page 398 On May 19, 2004, the Illinois Appellate Court, Second District, held that the trial court's denial of the petitioner's removal petition was not against the manifest weight of the evidence. 
New rule mandates expedited custody appeals By Helen W. Gunnarsson May 2004 Lawpulse, Page 236 Amended Supreme Court Rule 306A is designed to ensure quicker resolution of child custody cases. But how will it work in practice?
A kindercentric custody-law proposal By Helen W. Gunnarsson April 2004 Lawpulse, Page 170 ISBA's Family Law Section Council has proposed a revolutionary revamp of Illinois's child custody law that puts the rights and interests of children first.
UCCJEA: A New Approach to Custody Jurisdiction and Interstate Custody and Visitation By Celia Guzaldo Gamrath April 2004 Article, Page 204 A look at the new law and the changes it makes in the way courts determine custody jurisdiction.
New interstate child-custody statute for the New Year By Helen W. Gunnarsson February 2004 Lawpulse, Page 62 If your practice includes family law, familiarize yourself with the newly effective Illinois Uniform Child Custody Jurisdiction Enforcement Act.
Noncustodial parent is entitled to actual notice of a petition to change child’s name December 2003 Illinois Law Update, Page 600 On September 4, 2003, the Appellate Court of Illinois, Second District, vacated the order of the Circuit Court of DuPage County, granting the petitioner's petition to change her son's name.