Publications

Articles on Child Custody and Visitation

Visitation By Biological Boyfriend-Father

By H. Joseph Gitlin
October
2007
Column
Page 556
A biological father from a wife's extra-marital affair can win visitation with his child.

Court must assess best interests of child in considering contested removal agreement

May
2007
Illinois Law Update
Page 236
On March 8, 2007, the Illinois Appellate Court, Second District, reversed and remanded the decision of the Circuit Court of Lake County granting the petitioner's motion to dismiss the respondent's petition to enjoin removal of the parties' daughter Caylee. 

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.

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