Publications

Articles on Child Custody and Visitation

New interstate child-custody statute for the New Year

By Helen W. Gunnarsson
February
2004
LawPulse
Page 62
If your practice includes family law, familiarize yourself with the newly effective Illinois Uniform Child Custody Jurisdiction Enforcement Act.

Noncustodial parent is entitled to actual notice of a petition to change child’s name

December
2003
Illinois Law Update
Page 600
On September 4, 2003, the Appellate Court of Illinois, Second District, vacated the order of the Circuit Court of DuPage County, granting the petitioner's petition to change her son's name. 

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.

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