Virtual Mediation During COVID-19 Pandemic

Rincker Law Family/Matrimonial Law Leave a Comment

I have noted for years my ability to conduct meditations “virtually” via GoToMeeting or Skype.  I’ve been speaking to clients via GoToMeeting but I can also conduct meditations using this technology.  Of course, it is more productive to meet in person but a lot can still be accomplished by having these conversations “virtually.” For family law matters, I mediate both …

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Factors in Illinois to Determine Child Custody and Visitation (i.e., the “Allocation of Parental Responsibilities”)

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I get a lot of questions during consultation on the factors to determine the allocation of parental responsibilities in Illinois.  Although trial court judges are given a lot of deference to take into consideration the totality of the circumstances, the statute sets forth 14 concrete factors (and one catch-all factor) for the court to consider.  They are: the wishes of …

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Illinois Family Law: Best Interest of the Child Test for Visitation

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Everyone involved in a family law proceeding involving children has heard of the the “best interest of the child” test.  So what factors do Illinois courts consider for parenting time (or visitation)? (A) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to visitation; (B) the mental and physical …

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Illinois Family Law: Best Interest of the Child Factors for the Allocation of Parental Responsibilities

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Everyone involved in a family law proceeding involving children has heard of the the “best interest of the child” test.  So what factors do Illinois courts consider for custody (errrr, I mean the “allocation of parental responsibilities”)? (1) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making; …

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Illinois Family Law: Relocation with Children

Rincker Law Family/Matrimonial Law 1 Comment

Various reasons prompt a parent to want to relocate with his or her child.  Illinois, like most states, has strict procedures to follow when requesting a relocation since the relocation often times jeopardizes the relationship and time spent with the other parent. Relocation refers to three situations in Illinois, dependent on location: The parent moving more than 25 miles from …

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Child Custody and Visitation: Getting a Holiday Schedule in Place

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After deciding the “basic parenting time schedule”, parents should then decide how they want to handle holidays. Holidays include the following: School holidays/ National holidays (e.g., Columbus Day, Memorial Day) Religious holidays (e.g., Easter) Other holidays (e.g., Halloween) Birthdays (parents and children) Father’s Day and Mother’s Day Parents should make a list of all applicable holidays in which the parents …

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Overview of the Law on Child Custody in New York

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  Determinations of custody are based on the “best interest of the child.” See DRL § 70; DRL § 240; see Eschbach v. Eschbach, 56 N.Y.2d 167 (N.Y. 1982); see Welsh v. Lewis, 292 A.D.2d 536 (2nd Dept., 2002) (emphasis added). These factors include, inter alia: (1) The parent who has been the primary caretaker; (2) The age and health …

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Sample Mediation Chapter from the New Family Law Book

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I’m excited to share a sample chapter of my newest book, “Onward and Upward:  Guide for Getting Through Divorce & Family Law Issues.”  You can find my chapter on Mediation, here or here. Mediation can be a great form of Alternative Dispute Resolution (“ADR”) to help people through any type of family law dispute including child custody and parenting time disputes, …

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Video About Onward and Upward: Guide for Getting Through New York Divorce and Family Law Issues

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I’m really excited to share the video about my new book “Onward and Upward: Guide for Getting Through New York Divorce & Family Law Issues.”  I’m really proud and excited about the finished product of this book.  I love that it collaboration of both lawyers and nonlawyers, working together to strengthen families and people.  This book is a phenomenal information …

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Primer in New York Matrimonial Law

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I will be giving a primer in New York matrimonial law along with (the fabulous) Veronica Escobar, Esq. next Saturday, January 24, 2015 at Fordham University, School of Law during the “Bridge the Gap” Continuing Legal Education seminar designed for newly-admitted attorneys.  We will be discussing the following issues: Divorce Paths Jurisdictional differences between Family Court and Supreme Court Alternative …

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When a Couple Calls it Splitzo, Who Gets Custody of the Dog?

Rincker Law Animal Law, Family/Matrimonial Law Leave a Comment

In young couples and/or childless couples, custody of pets has been a sore subject that has come up in my practice. Pets are interesting because they are not children, but they are not exactly purely personal property either. Custody over a mini dachshund named Joey was at issue in the interesting case of Travis v. Murray, 42 Misc.3d 447 (Sup. …

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