Explains How Mediation Can Assist with Parenting time even in the best of circumstances, divorces can be problematic and contentious. When children are involved, they can get downright nasty. However, there is good news: Mediation can be a huge time saver when it comes to preserving child custody agreements and coming to a fair agreement about parenting time. What is …
We have received a lot of questions from folks about what to do about parenting time orders in the midst of a shelter in place.The current Shelter in Place Executive Order in Response to COVID-19 presently in place specifically excludes under Paragraph 14(e) “[t]ravel required by law enforcement or court order, including to transport children pursuant to a custody agreement.” …
In the past few days, we have had numerous calls on this issue. While there is no clear law as to what rules apply to parenting time and visitation during a pandemic like COVID-19, since this is an unprecedented global health crisis, I wanted to provide some suggestions to our clients and potential clients who co-parent. Please remember that although …
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 …
As you can imagine, this issue has been arising in child custody cases around the country. I have received this question from several clients, like yourself, who are concerned about court ordered parenting time agreements. While there is no clear law on it since this is an unprecedented global health crisis, I will inform you of the relevant laws in …
Generally, a non-custodial parent is entitled to reasonable visitation. 750 ILCS 5/607. However, if a court finds that the parent “seriously endangered the child’s mental, mortal, or physical health or…significantly impaired the child’s emotional development, the court shall enter orders as necessary to protect the child.” 750 ILCS 5/603.10. Actions that limit, restrain, or confine visitation include the following: a requirement ofsupervised visitation; …
Supervised visitation requires the presence of a third party during parenting time. 750 ILCS 5/600(m). This restriction on parenting time can only be imposed after a hearing where the court finds the child’s physical, mental, moral or emotional health is “seriously endangered.” This is not as a strict a restriction of termination of parental rights. Instances where supervised visitation may …
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 …
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 …
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 …
The term “physical custody” or “residential custody” is who the child(ren) live with primarily (i.e., over 50% of the time by looking at overnight stays and “waking hours”). There are two main options with physical custody: (1) Primary Physical Custody with Visitation to the non-custodial parent – Primary physical custody to one parent while giving the other parent reasonable visitation/parenting …
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, …