Publications

Section Newsletter Articles on Visitation

Grandparent visitation case heard by the First District Appellate Court By Michael K. Goldberg and Becky Rose Bloom General Practice, Solo, and Small Firm, October 2013 The recent case of In re Anaya R., a Minor, stands out among other grandparent visitation cases.
Illinois Supreme Court puts burden on unmarried fathers to prove visitation is in their child’s best interest By Julie Pirtle Family Law, August 2013 The recent Illinois Supreme Court case of In Parentage of J.W. is changing the way family law attorneys look at visitation in a paternity action.
Bill would allow courts to deny custody or visitation to rapist fathers By Tracy Douglas Women and the Law, June 2013 Illinois allows mothers who gave birth to their rapist’s child to block custody or visitation when the rapist is criminally convicted. House Bill 3128 would change that.
Five years later: Child custody and visitation mediation implementation after the 2006 Supreme Court Rules By Heather Scheiwe Kulp Alternative Dispute Resolution, October 2012 While there have been major achievements for the Illinois justice system, there is still room for improvement in certain aspects of some mediation programs.
The gravity of adhering to visitation rules in foster placements in Illinois By Emily Livingston Child Law, June 2012   These otherwise positive arrangements can turn detrimental when participants begin to veer from the rules of visitation. The diligent Juvenile Court lawyer should be aware of the life-changing consequences when parents and foster caregivers do not abide by visitation rules in foster placements.
A case law overview for child custody disputes in civil union dissolutions By Sean McCumber Child Law, November 2011  A brief case law overview of custody and visitation issues for non-biological parents.
Wickham v. Byrne revisited—Its legacy By Morris Lane Harvey Family Law, August 2011 A look at three major issues that directly impact the issue of the constitutionality of the current grandparent visitation statute.
Parenting time in Illinois: The trend towards equal time By Mark Simons Child Law, February 2011 Restraint should be used when negotiating and entering split-time parenting time orders.
Child Law Report: Illinois 96TH General Assembly By Linda S. Coon Child Law, December 2010 A summary of new laws of major interest to the ISBA's Child Law Section Council.
Visitation standards in parentage vs. dissolution cases: Any difference? By Thomas A. Else Family Law, December 2010 The question of who has the burden of proof with respect to visitation, and what standard to apply, depends on whether the action is brought in a dissolution of marriage action, or a paternity case, and in what appellate district the case is located.
Exploring visitation rights and needs for children of non-marital families: Part II By Nicole Onorato and Karen Bowes Child Law, June 2009 The second in a two-part series looking at how children from non-marital families can protect their right to establish relationships with their parents.
Exploring visitation rights and needs for children of non-marital families: Part I By Nicole Onorato and Karen Bowes Child Law, March 2009 The first in a two-part series looking at how children from non-marital families can establish and maintain relationships with their parents.
Contested custody/Visitation litigation: A satire By Roza Gossage and Pamela J. Kuzniar Bench and Bar, October 2008 Years ago, super heroes held the values of our ancestors and would not father a child out of wedlock.
International child visitation By Mark E. Wojcik International and Immigration Law, June 2008 It comes as no surprise that the population of the United States is increasingly mobile.
Grandparent visitation—A practitioner’s approach By Raiford D. Palmer Family Law, December 2007 Grandparent visitation is an issue of growing concern in Illinois and across the U.S.Because the Illinois Supreme Court held a prior version of the statute unconstitutional, the Legislature amended the Grandparent Visitation Statute again, and the current version became law on January 1, 2007. 
Prevention of the Holiday Emergency Motion…is it possible? Maybe yes, maybe no. But, minimizing the possibility, absolutely! By Brigid A. Duffield Family Law, November 2007 Taking charge of your office policies and reviewing your own client control techniques and especially your office “lines in the sand” will go a long way to helping you plan your own stress-free holiday and enjoy it with your family instead of your client’s family.
Grandparents’ visitation rights are still in limbo in Illinois By Hon. Laninya A. Cason Elder Law, October 2007 In this ever-changing society, more and more grandparents are called upon to perform the duties and responsibilities of parents.
Grandparents’ visitation rights are still in limbo in Illinois By Hon. Laninya A. Cason Family Law, September 2007 In this ever-changing society, more and more grandparents are called upon to perform the duties and responsibilities of parents.
Contested custody / visitation litigation: A satire By Roza Gossage and Pamela J. Kuzniar Family Law, April 2007 Years ago, superheroes held the values of our ancestors and would not father a child out of wedlock.
Chicago supervised visitation programs provide invaluable services By Michael G. Bergmann Child Law, December 2006 Supervised visitation between non-custodial parents and their children is an important service in many domestic relations and minor guardianship cases.
Grandparent visitation By Nicole Onorato Child Law, September 2006 Recently, the debate over grandparent visitation rights was once again the focus of Illinois legislators. On July 14, 2006, Public Act 94-1026, which revamped certain provisions of section 607 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/607) relative to grandparent visitation, was approved by the legislature.
Family law update By Anne M. Martinkus General Practice, Solo, and Small Firm, April 2005 In a dissolution of marriage case, a law firm claimed that the disgorgement statute, (750 ILCS 5/501(c-1)(3)), that authorizes a law firm to be required to disgorge interim fees paid by its client to the opposing party's attorney is unconstitutional.
Over the river and through the woods-again: How will courts interpret the new Grandparent Visitation Act? By Michael K. Goldberg General Practice, Solo, and Small Firm, January 2005 After a two-year hiatus, Illinois grandparents once again have the statutory right to petition for visitation with their grandchildren.
Legislative update for family law practitioner: Illinois General Assembly, Spring 2004 session By Adrienne W. Albrecht Family Law, March 2004 This spring session of the Illinois Legislature is getting into full swing. At this stage, it seems every other legislator has his or her name on one or more pieces of family law legislation.
Family Law case update By Adrienne W. Albrecht Family Law, April 2003 Cases issued between July, 2002 - February, 2003 and of interest to family law practitioners.
Supreme Court declares grandparent visitation statute unconstitutional By Richard W. Zuckerman Family Law, August 2002 On April 18, 2002 the Illinois Supreme Court, in an opinion written by Justice Thomas R. Fitzgerald, settled once, and possibly for all, the issue of judicially mandated grandparent, great-grandparent and sibling visitation when it declared unconstitutional sections 607(b)(1) and (3) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/607).
Illinois’ Grandparent Visitation Statute passes The Troxel test By Adrienne W. Albrecht Family Law, October 2000 Grandparent visitation in Illinois is viable even after the United States Supreme Court handed down its opinion in Troxel v. Granville for several reasons.
What you need to know about grandparent visitation Part II…to grandmother’s house we go…maybe By Terrence M. Madsen Family Law, June 2000 The Governor's end-of-the-summer bill signings triggered considerable discussion over the future of grandparent visitation.
What you need to know about grandparent visitation By Michael K. Goldberg General Practice, Solo, and Small Firm, March 2000 The death of a spouse elicits a myriad of emotions, and the pain of losing a loved one is certainly exacerbated when there are surviving minor children.
What you need to know about grandparent visitation, Part II …to grandmother’s house we go…maybe By Terrence M. Madsen General Practice, Solo, and Small Firm, March 2000 The Governor's end-of-the-summer bill signings triggered considerable discussion over the future of grandparent visitation.