Publications

Illinois Bar Journal
Articles on Child Custody and Visitation

Trial court’s denial of wife’s request for a child’s representative to testify does not violate procedural due process. October 2003 Illinois Law Update, Page 492 On July 9, 2003, the Appellate Court of Illinois, Second District, affirmed the order of the Circuit Court of Du Page County granting the former husband's request for a change of custody and denying his request for termination of unallocated support.
Visitation Abuse v Unlawful Visitation Interference; Is There Comfort for Noncustodial Parents? By Celia Guzaldo Gamrath September 2003 Article, Page 450 A comparison of the civil visitation abuse statute and criminal visitation interference law.
In petitions for removal, custodial parents do not have to show that child will reap “direct” benefit from move; custodial parents only have to show that the disruption caused by move will be outweighed by benefits resulting from move August 2003 Illinois Law Update, Page 384 On May 22, 2003, the Illinois Supreme Court held that when considering the best interest of children in petitions by custodial parents for removal from Illinois.
Child custody: Easing the way for out-of-state removal By Helen W. Gunnarsson July 2003 Lawpulse, Page 326 The supreme court rules that a divorced parent can move a child outside of Illinois without showing a direct benefit to the child from the relocation.
Correspondence from Our Readers April 2003 Column, Page 158 Out-of-state child removal.
Superior rights doctrine properly applied in determination of custody and best interests of child under section 601 of IMDMA April 2003 Illinois Law Update, Page 168 On January 22, 2003, the Appellate Court of Illinois, Second District, affirmed the order of the circuit court of Winnebago County awarding custody of Alexander to his father.
Out-of-state child removal; what will the supremes do? By Helen W. Gunnarsson February 2003 Lawpulse, Page 58 The Illinois Supreme Court will review an appellate court decision that stopped a custodial mother from removing her son to her fiancé's home state.
Child abduction statute and jury instructions did not require jury to consider mother’s knowledge of child’s whereabouts in determining father’s guilt; trial court did not abuse discretion in not providing jury with common definition of word “concealed” January 2003 Illinois Law Update, Page 14 On October 22, 2002, the Appellate Court of Illinois, First District, affirmed the order of the circuit court of Cook County convicting the defendant of child abduction.
Illinois Parentage Act does not require trial court to grant petition to modify visitation order because custodial parent wishes to leave state with her child; court must still determine whether modification would be in child’s best interest January 2003 Illinois Law Update, Page 14 On October 17, 2002, the Appellate Court of Illinois, Third District, reversed and remanded the order of the circuit court of Rock Island County granting a petition to modify a visitation order to allow the mother to move to Florida with the parties' child.
Time period for mandatory case reviews altered January 2003 Illinois Law Update, Page 14 On November 8, 2002, the Department of Children and Family Services (department) re-evaluated its policies concerning mandatory case reviews for child custody cases in title 89 of the Illinois Administrative Code. 89 Ill Adm Code 316.
Correspondence from Our Readers December 2002 Column, Page 622 When forum shopping, don't forget the Indian Child Welfare Act.
Joint custody order not abuse of discretion if evidence shows parties cooperative; trial court may not order automatic termination of custody based upon either party moving from two specified counties November 2002 Illinois Law Update, Page 584 On August 23, 2002, the Appellate Court of Illinois, Fourth District, affirmed as modified the order of the Circuit Court of Sangamon County awarding joint custody to the parties.
Can Court-Imposed Grandparent Visitation Survive Wickham v Byrne? By Michael K. Goldberg September 2002 Article, Page 458 Only if the General Assembly stays within the limits imposed by the U.S. and Illinois Supreme Courts, the author warns.
Forum Shopping (the Good Kind) in Custody and Guardianship Cases By M. Lee Witte and Margaret C. Benson September 2002 Article, Page 481 In custody cases, like most others, you'll increase your odds of success if you choose your forum wisely.
New review process created for foster parents July 2002 Illinois Law Update, Page 344 On June 1, 2002, the Department of Children and Family Services (department) amended section 337 of the Illinois Administrative Code. 89 Ill Adm Code 337.
The high court overturns Illinois grandparents’ visitation statute By Helen W. Gunnarsson June 2002 Lawpulse, Page 282 The Illinois Supreme Court rules that the grandparents' visitation law unconstitutionally infringes upon parents' rights.
Correspondence from Our Readers January 2002 Column, Page 6 Those clients from hell.
Grandparents’ visitation; splitting the baby four ways? By Helen W. Gunnarsson October 2001 Lawpulse, Page 510 Since the Illinois Supreme Court's Lulay decision, appellate courts have struggled case by case to determine whether grandparents' bids for visitation are constitutional.
Understanding the Illinois Child’s Representative Statute By Carl W. Gilmore September 2001 Article, Page 458 Find out which of the three options authorized by statute;GAL, child's representative, or attorney for the child;is best for your case.
Where there is no allegation of unfitness, the statutory provision allowing grandparent visitation interferes with a mother’s fundamental right to make decisions about the care and custody of her children September 2001 Illinois Law Update, Page 454 On July 6, 2001, the Appellate Court of Illinois, Third District, reversed the lower court's order awarding grandparent visitation to Brent and Rita Langman, the paternal grandparents of children whose father had died while married to their mother, Amy Langman.
The Lawyer’s Journal By Bonnie C. McGrath July 2001 Column, Page 338 Golfers in the (legal) news; capital punishment and the mentally retarded; and more.
Mental-Health Professionals in Child-Custody Cases: Giving “Expert” Testimony Its Due By H. Joseph Gitlin July 2001 Article, Page 350 The testimony of mental-health professionals is often not scientific evidence, this author says.
Orders related to the temporary custody of a minor require only a “best interests” determination, distinct from the standard required at a temporary custody hearing June 2001 Illinois Law Update, Page 286 On April 19, 2001, the Illinois Supreme Court reversed the appellate court's holding that the juvenile court lacked authority to remove a minor from his temporary foster home since there was no immediate necessity for the removal.
Troxel and Lulay — Two High Courts Speak on Grandparent Visitation Rights By David N. Schaffer February 2001 Article, Page 74 An analysis of two important new cases that limit the power of legislatures to grant grandparent visitation.
The Lawyer’s Journal By Bonnie C. McGrath January 2001 Column, Page 10 Standard of review for fee suits; U.S. Supremes just say no to drug-sniffing dogs at checkpoints; employee claims rejected by 7CA; and more.
Interest in maintaining relationship between grandparents and grandchildren of divorced parents does not warrant state’s interference with fundamental parental rights December 2000 Illinois Law Update, Page 690 On October 26, 2000, the Supreme Court of Illinois ruled on the following question of law certified to it by the circuit court:
The Lawyer’s Journal By Bonnie C. McGrath December 2000 Column, Page 686 Extra protection against self-incrimination; grandparents get their (bad) day in court; and more.
The Lawyer’s Journal By Bonnie C. McGrath November 2000 Column, Page 620 A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.
Appellate Review in Domestic Relations Cases: The Elusive Final and Appealable Order By Gunnar J. Gitlin and Chris S. Haaff August 2000 Article, Page 444 A review of the cases that have diminished appellate courts' power to review domestic relations cases.
Drug abusers may lose children; P.A. 91-802 August 2000 Illinois Law Update, Page 438 Beginning next year, more unfit parents may begin losing custody of their children.