Hearsay is permitted in some contested custody cases. Guardians ad litem can consider hearsay in making recommendations to the court concerning the best interest of a child. In fact, in Illinois a guardian ad litem can even rely on inadmissible evidence that may have been wrongfully obtained, such as by…
When should a GAL or Child’s Rep be appointed? In all cases? When it is clear that the parents are looking after only their own interests and the interests of the child may be seriously neglected, it is recommended to the trial court that an attorney for the child or…
Illinois Supreme Court Rule 907 will set forth the minimum standards of practice for attorneys who represent children in contested custody cases. DuPage County and Kane County dissolution of marriage cases will be subject to the new Rule expected to be effective as of the new year 2007. The Rules,…
Illinois’ child support scheme is not unusual, but in practice it can be so simple as to be unfair. In order to simplify the statutory child support scheme, the legislature determined that in most cases, the so-called non-residential parent (typically the father) shall be ordered to pay a fixed amount…
Divorce creates enormous stresses on the divorcing parents, and the anxiety with divorcing parents can be most profound. Clients from throughout Illinois have asked me to develop strategies for protecting their parenting rights, and I have found that advocating and developing “out of the box” strategies for parenting plans are…
Illinois’ child support scheme raises many questions in the minds of many of my clients. Many residential custody mothers feel that the Illinois statutory guidlines do not provide enough financial support from the nonresidential fathers, and feel that as the father’s income rises, so should the level of support. Conversely,…
In DuPage and Kane County, Collaborative Divorce is becoming more prevalent. Clients want an alternative to stressful, expensive “court wars.” Many clients ask me about divorce mediation (I am a certified mediator for DuPage County). Some cases, however, might benefit from a new approach to mindful, non-litigated divorce…Collaborative Law. What…
The Role of the Child Custody Evaluator: APA Guidelines A. The role of the psychologist is that of a professional expert who strives to maintain an objective, impartial stance. The psychologist does not act as a judge, who makes the ultimate decision applying the law to all relevant evidence. Neither…
The majority of child custody disputes are settled, through negotiation, mediation, or collaboration on a parenting plan that works for both parents. When the issue of custody is not resolved, it is my practice to petition the court to engage a highly qualified custody evaluator (a specially trained psychologist) to…
Do unmarried fathers have the right to stop the move away of a child that they love, and with whom they have had a strong parenting relationship? The Illinois Appellate case of Fischer v. Waldrop illustrates the principle that a father, though he be unmarried to the mother of his…