New rules affecting adoptionsFebruary 2014Illinois Law Update, Page 68Section 5 of the Adoption Act has been amended to expand the definition of "intercountry adoption" and of "preadoption requirements."
Child care rights of first refusal awarded to separated parentsJanuary 2014Illinois Law Update, Page 16Newly added section 602.3 of the Illinois Marriage and Dissolution of Marriage Act provides that if a court determines joint custody or visitation rights to be the best arrangement for a child under section 602.1 or section 607 respectively, then the court may further consider, as consistent with the child's best interests, awarding one or both of the parents the right of first refusal to provide child care for the minor child during the other parent's allotted parenting time.
‘Wrongful Birth’ Plaintiffs Can Recover for Emotional DistressBy Christopher T. Hurley and Mark R. McKennaNovember 2013Article, Page 580A recent Illinois Supreme Court decision holds that parents can recover for emotional distress if they win a claim for negligent genetic counseling, even if they suffered no direct physical injury.
DCFS cannot define “neglect” with language removed by the legislatureJune 2013Illinois Law Update, Page 284On March 21, 2013, the Illinois Supreme Court affirmed the judgment of the appellate court and held that the Illinois Department of Children and Family Services ("DCFS") did not have authority to charge someone with an offense that defined "neglect" using language that had previously been deleted by the legislature in the Abused and Neglected Child Reporting Act ("ANCPA").
Valuing Property in Lengthy Divorce ProceedingsBy Jenna C. PatchenApril 2013Article, Page 198When the valuation hearing comes after the dissolution judgment, is marital property valued on the judgment date or the hearing date? The supreme court recently settled the question.
Marital property valued on date of dissolution in bifurcated proceedingMarch 2013Illinois Law Update, Page 124On December 28, 2012, the Supreme Court of Illinois held that, in a bifurcated marital dissolution proceeding, the date of trial on which marital property must be valued under section 503(f) of the Illinois Marriage and Dissolution of Marriage Act ("Dissolution Act") refers to the date the judgment for dissolution is rendered.
Marriage and Divorce at Midlife and BeyondBy Ross S. Levey and Kelley L. MenzanoOctober 2012Article, Page 544As the 45-and-older population continues to grow, family law practitioners are faced with an array of issues unique to the "gray divorce revolution."