Illinois Bar Journal
Articles on Family Law

Correspondence from Our Readers October 2003 Column, Page 482 A brand-new dissipation ruling
Apportioning Stock Options at Divorce: A Detailed Guide By Michael W. Kalcheim September 2003 Article, Page 454 Companies still use stock options; here's how to apportion them.
Dissipation of Marital Assets in Illinois: A Review By Richard W. Zuckerman September 2003 Article, Page 440 Find out what constitutes impermissible spending of marital assets by a spouse in a failing marriage.
The “Prodigious Spouse”: Equitable Distribution and Wealthy Wage Earner By Debra DiMaggio September 2003 Article, Page 460 Should the wealthy wage-earning spouse be awarded a disproportionate share of marital assets generated through his or her efforts?
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.
DCFS to make good faith effort to place adopted siblings together; P.A 92-0666 June 2003 Illinois Law Update, Page 280 The Children and Family Services Act was recently amended to include a provision regarding the placement of siblings of adopted children.
State’s burden of proof in best interests stage of termination of parental rights proceeding is preponderance of evidence June 2003 Illinois Law Update, Page 280 On March 27, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County terminating the respondent's parental rights.
Of QILDROs and QDROs By Helen W. Gunnarsson May 2003 Lawpulse, Page 220 Too many lawyers fail to distinguish between these two orders, both of which govern the payment of pension benefits on divorce; but under very different circumstances.
Parentage Act does not bar common law claims alleging boyfriend should pay child support for children conceived through artificial insemination, but claim for paternity barred because mother did not obtain his written consent to insemination May 2003 Illinois Law Update, Page 226 On February 6, 2003, the Illinois Supreme Court held that a mother's failure to obtain the written consent of the putative father to artificial insemination precluded her claim for paternity under the Illinois Parentage Act.
Correspondence from Our Readers April 2003 Column, Page 158 Out-of-state child removal.
The Illinois Supreme Court’s 2002 Civil Cases: A New Court Settles In By Nancy J. Arnold, Tim Eaton, and Michael T. Reagan April 2003 Article, Page 172 Our annual review of the leading cases.
Guardianship and its Alternatives: What’s Best for Elderly Clients? By Susan Dawson-Tibbits March 2003 Article, Page 120 Sometimes guardianship is the right answer for elderly clients, but often there are better, less intrusive alternatives
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.
Adoption policies changed January 2003 Illinois Law Update, Page 14 On October 23, 2002, the Department of Children and Family Services (department) amended rules relating to parental fitness and general adoption policies in title 89 of the Illinois Administrative Code.
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.
Correspondence from Our Readers December 2002 Column, Page 622 When forum shopping, don't forget the Indian Child Welfare Act.
A Lawyer’s Guide to Preparing Clients for Family Law Mediation By Frank V. Ariano November 2002 Article, Page 600 Practical suggestions for lawyers representing clients who mediate custody, visitation, and other family law issues.
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.
Challenging DNA in Paternity Cases: Finding Weaknesses in an Evidentiary Goliath By Carl W. Gilmore September 2002 Article, Page 472 Though it's difficult to overcome DNA evidence, the author urges you to mount a challenge when the circumstances warrant.
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.
Using DNA Evidence to Overcome the Presumption of Paternity By Ronda D. Taylor and Glen and Gene Carson Brucker September 2002 Article, Page 464 Subsection 7(b-5) of the Illinois Parentage Act allows a man adjudicated ''father'' to use genetic testing to show that he is not.
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.
To recover attorney fees from an appeal under the Illinois Marriage and Dissolution of Marriage Act, the party appealing must “substantially prevail” by obtaining relief that is at least 50 percent of the relief sought April 2002 Illinois Law Update, Page 176 On February 6, 2002 the Appellate Court of Illinois, Fourth District, addressed a question of first impression regarding the meaning of "substantially prevailed" in the attorney fees provision of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/508(a)(3.1).
Adjudicated parent seeking to declare nonexistence of relationship between him and child must first obtain DNA test results disproving paternity March 2002 Illinois Law Update, Page 120 On November 21, 2001, the Illinois Supreme Court affirmed the judgment of the appellate court ruling that obtaining DNA test results disproving paternity is a condition precedent to the filing of an action to declare the nonexistence of a parent and child relationship.
Family-Law Resources on the Internet for Illinois Lawyers By Adria P. Olmi November 2001 Column, Page 603 A roundup of helpful Web sites and other family-law 'Net resources.
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.
Qualified Illinois Domestic Relations Orders: A Retirement System View By Cynthia F. Fain September 2000 Article, Page 533 Remember that QILDROs—not QDROs—apply to Illinois public pension benefits.
The Lawyer’s Journal By Bonnie McGrath February 1999 Column, Page 70 No retaliatory discharge claims for whistle-blowing lawyers...