Illinois Bar Journal

Articles on Family Law

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 & 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 & 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...

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