ILLINOIS DIVORCE LAW BLOG

Articles Posted in Child Custody

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What is neurodivergence? 

Neurodivergent means in layman’s terms that a person’s brain works differently, including their processing of sensory input and output. Neurodivergent children may have conditions such as autism spectrum disorder, sensory processing disorders, apraxia, dyslexia, bipolar disorder, and attention deficient disorder. Neurodivergent people also tend to be visual thinkers and innovators, and they contribute significantly to our society.

Scientist, autism advocate, and best-selling author Temple Grandin wrote many books on her life experience as a neurodivergent person, which include stories about how challenging traditional school and day-to-day life was for her.9 Grandin emphasized the need for children to have hands-on learning experiences: “We need to be getting kids out working on real things. We got water systems falling apart, electrical wires falling out and causing fires. There’s all kinds of practical problems we need to be solving and visual thinkers are really good at that.”10

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Going through a divorce is undoubtedly one of life’s most challenging experiences, not only for you but also for your children. As a parent, your priority is ensuring your children feel secure, loved, and supported, even as your family dynamic shifts. In Illinois, where family law emphasizes the best interests of the child, maintaining stability and consistency during the divorce process is critical. This blog post offers practical tips for parenting through a divorce, helping you create a nurturing environment for your children during this transitional time.
Why Stability and Consistency Matter:
Children thrive on predictability. Divorce can disrupt their sense of normalcy, leading to feelings of confusion, anxiety, or insecurity. By prioritizing stability and consistency, you can help your children feel grounded, even as their world changes. Illinois courts often consider how parents support their children’s emotional and physical well-being when making decisions about parenting time and responsibilities, so your efforts to maintain a stable environment can also positively influence your case. Here are actionable strategies to support your children during the divorce process:
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Many of our family law cases necessarily involve the appointment by the Court of a GAL or Child’s Representative. Sometimes, there is some question or confusion about the role of the GAL vs. that of the Child’s Rep.

In Illinois family law, under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a Guardian ad Litem (GAL) and a Child’s Representative are two distinct roles appointed by the court to represent the best interests of a child in family law proceedings, such as custody (allocation of parental responsibilities) disputes. While both roles focus on the child’s best interests, their functions, authority, and approach differ significantly. Below is a detailed comparison: Guardian ad Litem (GAL)

  • Definition: A GAL is an attorney or trained professional appointed by the court to investigate and advocate for the child’s best interests in a family law case. The GAL acts as the “eyes and ears” of the court, gathering information and making recommendations.
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Many of our clients have initial questions about how the major decisions for the minor children will be made after the divorce is completed. While joint decision making is conceptually ideal, in many cases requiring the parties to make major decisions together can create disagreements, leading to further litigation. In some cases, a major decision like religion is not at issue but matters like the children’s extracurriculars and medical/dental or therapy treatments often create discord among parents.  How does the Court assess whether to award a parent joint or sole decision making for the children?

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The court determines whether to grant sole or joint decision-making responsibility (previously referred to as custody) for minor children based on the best interests of the child, as outlined in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.5). The court evaluates several specific criteria to decide whether one parent should have sole decision-making authority or if both parents should share joint decision-making responsibility. Below are the key factors and considerations:

The court often considers the following factors to determine what arrangement serves the child’s best interests:

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The question of child support seems to be a basic question, but one that sometimes causes confusion. It used to be some years ago that the noncustodial parent was obligated to pay child support to the parent with the “primary custody of the child or children.”  Illinois has largely done away with old concepts of child custody and child support, and now centers its laws on allocating more equally the parenting time of the children, and setting support such that both parents’ incomes are factored in.

Child support is now calculated using an “income shares” model, which considers both parents’ incomes and the number of children. The key factors in determining child support include:

1. Determining Both Parents’ Net Incomes

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Why are the privacy interests of children important in family law cases?  A case cited below kind of highlights the need for courts to have the ability to receive information (perhaps from a GAL) in the privacy of chambers with the attorneys (in Illinois, called a “pretrial conference). The reason for this need of hearings, interviews or meetings in chambers is to protect the privacy and personal interests of the minor children, and to not have perhaps sensitive information about a case displayed to the public in open court. Illinois quite effectively acts to protect these privacy interests, in my experience. Most judges will often hear reports from the GAL, or have meetings with the GAL and attorneys,  in chambers so that very private information about children are not disclosed in open court.

Court: Supreme Court of Nevada

Citation: 141 Nev. Adv. Op. No. 4

Opinion Date: January 30, 2025

Judge: Lidia Stiglich

Areas of Law: Civil Procedure, Family Law
Leanne Nester and Cody Gamble divorced in 2022, with custody arrangements for their two minor children outlined in the divorce decree. Gamble later moved to modify custody, and during the proceedings, a press organization requested media access, which the district court granted. Nester moved for reconsideration, seeking to close the hearing to protect sensitive information about the children, including medical and Child Protective Services records. The district court denied her motion, interpreting a previous case, Falconi v. Eighth Judicial District Court, as precluding closure of family law proceedings.

The district court concluded it lacked discretion to close the hearing, stating there was no statute or rule allowing it. Nester then sought writ relief from the Supreme Court of Nevada, arguing that the district court misinterpreted Falconi and failed to consider her privacy interests and those of her children.

The Supreme Court of Nevada reviewed the case and found that the district court erred in its interpretation of Falconi. The court clarified that Falconi does not prohibit the closure of family law proceedings but requires a case-by-case analysis to determine if closure is warranted. The court outlined that closure is permissible if it serves a compelling interest, there is a substantial probability that the interest could be harmed without closure, and no alternatives to closure would adequately protect the interest.

The Supreme Court of Nevada granted Nester’s petition, directing the district court to vacate its order denying the motion to close the hearing and to reconsider the motion using the test outlined in Falconi. The court emphasized the need for the district court to properly apply the factors to determine whether closure is justified.
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WHEN CHILDREN RESIST/REFUSE CONTACT with a parent after the breakup of the family, the cause for the contact resistance can be from various sources. When children resist/refuse contact with a parent and when it is objectively determined that parental alienation is the cause for the contact refusal, the issue is quite serious. This is because the contact refusal is without a rational basis and because it is being fueled by a parent whose own needs and wishes are seen as a substantial cause of the child’s resistance. In many, if not most of these cases, the parent who energizes the contact refusal, sometimes referred to as the alienating parent, can also be thought of as perpetrating a form of psychological abuse on the child.

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Finally, when selecting experts, keep in mind there are different kinds, and varying skill sets. Some experts are consulting only and not disclosed to the other side. Others are general experts who opine as to hypotheticals presented to them during testimony. And some experts examine the pleadings and read the files to be testifying experts. For this last type of expert, make sure that any testimony they offer is carefully confined to ethical parameters (for example, not offering opinions about parties in litigation that the expert has not directly assessed).

Excerpted from PASG Newsletter: Building a Strong Child-Centered Case in Parent-Child Contact Litigation: A Guide to Research, Experts, and Ethical Strategy Robert A. Simon, PhD, and Virginia E. Griffin, Esq

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Quick Question: What is Parental Alienation?

Parental alienation refers to a situation where one parent deliberately influences their child to reject, fear, or show hostility toward the other parent. This can happen through manipulation, badmouthing the other parent, or restricting contact between the child and the other parent. The goal of the alienating parent is often to damage the child’s relationship with the other parent, often during or after a divorce or separation.

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Parental alienation can have serious emotional and psychological impacts on children. It can distort their understanding of family dynamics and cause long-term issues like anxiety, depression, and relationship difficulties. It is also harmful to the parent who is being alienated, as it disrupts their relationship with their child.

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Reunification therapy is a specialized form of therapy that focuses on repairing relationships between estranged family members. It is often used in cases of parental alienation, high conflict divorce, or other situations where family bonds between parents and children have been damaged.

The goal of reunification therapy is to:

  • Rebuild trust: Help family members rebuild trust and communication.
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How do you know it is parental alienation—and not justified rejection and estrangement?

In a case where a child rejects contact with a parent, a psychological evaluator or skilled GAL can determine if the rejection is unwarranted, which is called parental alienation, by making a thorough investigation of the empirical facts over time. If the child has a legitimate reason to reject a parent, it is called estrangement. There are in my experience cases where both factors can exist: a targeted parent is being alienated and then acts in negative ways with the child that solidify the estrangement.

An evaluator can use the Five-Factor Model to identify and diagnose parental alienation. If the answer, after thorough and qualified investigation, to all five questions below is yes, it is most probably a case of moderate or severe parental alienation.

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