Illinois Bar Journal

Articles on Family Law

Section 1(D)(q) of the Adoption Act violates equal protection

June
2005
Illinois Law Update
Page 280
On March 24, 2005, the Illinois Supreme Court held that section 1(D)(q) of the Adoption Act, 750 ILCS 50/1(D)(q), is unconstitutional because it violates equal protection.

Child’s Representative Statute Held Unconstitutional

By H. Joseph Gitlin
April
2005
Column
Page 212
The implications of In re Marriage of Bates.

The ABCs of QDROs

By Helen W. Gunnarsson
January
2005
Cover Story
Page 18
QDROs are an increasingly painful – and important – part of practice. And ignoring them won't make the pain go away.

Removal: the Still-Evolving Standard

By H. Joseph Gitlin
January
2005
Column
Page 46
The Illinois Appellate Court takes yet another tack.

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.

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.

Legislators consider the Gestational Surrogacy Act

By Helen W. Gunnarsson
June
2004
LawPulse
Page 286
What happens when a pregnant surrogate changes her mind? When the intended parents divorce during the pregnancy? HB 4962 would address those questions and others.

2003 Illinois Supreme Court Civil Cases: Fees and Family Law, “No” to Immunity, and More

By Nancy J. Arnold & Tim Eaton
April
2004
Article
Page 180
A look at last year's leading supreme court civil cases.

Attorney fees, family law and In re Marriage of King

By Helen W. Gunnarsson
March
2004
LawPulse
Page 118
The Illinois Supreme Court has given divorce lawyers one more reason to get as much of their fee up front as possible.

Actions for intentional infliction of emotional distress based upon conduct occurring in the martial setting will be recognized

December
2003
Illinois Law Update
Page 600
On September 18, 2003, the Illinois Supreme Court affirmed the judgment of the fifth district appellate court, which held that the plaintiff could maintain a cause of action for intentional infliction of emotional distress caused by her ex-husband's pattern of abusive treatment during their marriage.

Calculating interest on child support; are you doing what the law requires?

By Helen W. Gunnarsson
December
2003
LawPulse
Page 594
There's nothing interesting about calculating interest on overdue child support. But like it or not, you'd best not neglect it, which is what too many lawyers do.

Can a parent inherit from a stillborn child?

By Helen W. Gunnarsson
December
2003
LawPulse
Page 594
A fascinating, if perplexing, Illinois Supreme Court opinion seems to say that a fetus can have an estate for inheritance purposes.

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. 

Counseling gay couples

By Helen W. Gunnarsson
November
2003
LawPulse
Page 544
While the issues that arise in gay relationships are familiar, the legal framework is different. It's a difference that family practitioners and estate planners should learn to navigate.

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, & 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.

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