Editor’s noteBy Don C. HammerFamily Law, February 2001The year 2000 was a significant year for adoption practitioners in Illinois. This issue, and the following issue, of the Family Law newsletter will focus on adoption.
Parent powerBy M. Lee Witte & Margaret C. BensonFamily Law, February 2001While the Illinois Supreme Court was considering the application of Troxel v. Granville to our grandparents' visitation statute, a future justice of that court was using Troxel to find that a Constitutional right to court-appointed counsel exists in adoption proceedings.
Another viewBy David RoykoFamily Law, January 2001Last week, I learned that elevators can be great little rooms for big epiphanies, or at least re-epiphanies.
Family law bytesBy Roza GossageFamily Law, January 2001The technology committee of the Family Law Section, in its efforts to make you actually use your computer and the Internet, will be providing sites that may be of help in your family law cases as well as suggestions for programs you may want to explore.
The judge’s cornerFamily Law, January 2001From a general standpoint, family law and divorce encompasses many big picture issues involving the relationship of the parties and their children after the entry of a final judgment.
Recent casesBy Barry H. GreenburgFamily Law, January 2001In re Estate of Alex J. Sarron, August 25, 2000, 3rd District, No. 3-99-1010; Appeal from the Circuit Court of Peoria County as a result of a Florida divorce.
The Richman reportBy Bruce L. RichmanFamily Law, January 2001Beware! The transfer of a nonqualified stock option incident to a divorce may be taxable.
Smithberg v. The Illinois Municipal Retirement Fund et allBy William J. Scott, Jr.Family Law, January 2001In an opinion filed August 10, 2000 the Illinois Supreme Court reached a familiar conclusion, this time with respect to death benefits payable by the Illinois Municipal Retirement Fund (IMRF).
Injunctions in parentage casesBy Gilda Hudson-WinfieldGeneral Practice, Solo, and Small Firm, November 2000On May 30, 2000, the Illinois Appellate Court, First District, 2nd Division, in the case of In Re Parentage of Bremen Hall Melton, No. I-99-2463, issued a significant decision relative to the application of Section 501.1 of the Marriage and Dissolution of Marriage Act (Marriage Act) (750 ILCS 5/501 et seq. (West 1996) to Paternity cases under the Illinois Parentage Act of 1984 (Parentage Act) (750 ILCS 45/1 et seq. (West 1996).
Illinois Mediator Certification Act makes the roundsBy Don C. HammerFamily Law, October 2000The Illinois Mediator Certification Act is currently being circulated by the Alternative Dispute Resolution Section Council.
The judge’s cornerFamily Law, October 2000Current Assignment: I have been assigned to Criminal Misdemeanors, having just completed a three-year rotation in Domestic Relations.
Recent casesBy Barry H. GreenburgFamily Law, October 2000The issue presented to the court was whether the Parentage Act conferred on the court all powers found in the Marriage Act, which the court found that it did not.
Changes to the innocent spouse provisions: something old, something newBy Carlos A. SaavedraFamily Law, June 2000Code section 6013(d)(3) establishes joint and several liability for married taxpayers filing a joint income tax return. "Innocent Spouse" provisions refer to those Code provisions that create exceptions to this joint and several liability.
Maintenance revisitedBy Howard W. Feldman & David K. HarrisFamily Law, June 2000The Fourth District Appellate Court in a decision dated February 9, 2000, affirmed an award of permanent maintenance to a 32-year-old wife, with a high school education, who had been married for 14 years. I
A pilot programBy Susan Fayette HutchinsonFamily Law, June 2000As a former domestic relations judge in a quickly growing upstate county charged with making sure that children had safe visits with parents, I was often frustrated by the lack of resources available to the children and me.
What you need to know about grandparent visitationBy Michael K. GoldbergFamily Law, June 2000The 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.
Case law updateBy Barry H. GreenburgFamily Law, May 2000In Re Matter of C.B.L., a Minor, A.B. Petitioner-Appellant v. H.L., Respondent-Appellee, 1st District, 4th Division, Appeal No. 1-98-2011, Appeal from the Circuit Court of Cook County, filed December 16, 1999.
The judge’s cornerFamily Law, May 2000Domestic relations is an area of the law that affects the present and future lives of the parties and their children.
American Bar Association sanctions use of e-mail for communicating with clientsBy David N. SchafferFamily Law, March 2000The American Bar Association's Standing Committee on Ethics recently issued an opinion (Formal Opinion No. 99-413) regarding the use of unencrypted e-mail, as it relates to compliance with Model Rules of Professional Conduct.
Availability of experts in custody disputesBy Grace G. DicklerFamily Law, March 2000This writing will address the existing statutory scheme, case law, and proposed changes relative to the use of experts in custody and visitation cases.
Case law updateBy Barry H. GreenburgFamily Law, March 2000In Re Marriage of James H. Adamson and Phyllis M. Cosner, f/k/a Phyllis M. Adamson, 2nd District, Appeal No. 2-98-1259, filed November 22, 1999.
The judge’s cornerFamily Law, March 2000In general, I expect reasonable promptness; courtesy to the court, opposing counsel and parties; professional demeanor and civility.
Discovery of mental health recordsBy Laura Hynes RamirezFamily Law, January 2000Sooner or later most practitioners will represent a party who has either received or is receiving some sort of therapy/ counseling (or advises that his former partner has or is receiving therapy/ counseling) and issues relating to disclosure of the records may become an important aspect of the entire case.
The forgotten writBy Scott C. ColkyFamily Law, January 2000Most common law writs were abolished by the enactment of the Code of Civil Procedure in 1982 (735 ILCS 5/2-1501).
The judge’s cornerFamily Law, January 2000Assignment: Chief Judge of the Lake County Domestic Relations Division, 19th Judicial Circuit
Recent casesBy Barry H. Greenburg & Jacalyn BirnbaumFamily Law, January 2000Appellate court reversed trial court's denial of public guardian's motion to withdraw on the basis that public guardian had failed to identify any conflict in his representation.
