ILLINOIS DIVORCE LAW BLOG

Illinois attorneys and the Illinois legislature are now studying changes to Illinois’ Marriage and Dissolution of Marriage Act. One of the goals of the review is to, perhaps, bring Illinois into the 21st Century by reforming the way we resolve custody issues, as well as revising the language of custody. What changes would you like to see in our Illinois dissolution and custody statutes?

I’d certainly like to see the concept of “custody” relegated to the dustbin of history. Mom and Dad are parents…why not enact legislation that defines parenting as a shared relationship? Isn’t it almost always true that the non-custodial parent hates to have what is called “visitation?” When does a parent become a visitor? How many custody wars have been fought over who would be relegated to “visitor” status?

Minnesota attorney and mediator Molly Millet discusses below changes that Minnesota made in 2007: “The biggest change in Minnesota that has been helpful is the perception of “custody.” Before, parents would fight over the custody label – who got custody and how that related to child support. Now, it’s “parenting time.” Now, parents are focusing on time with their kids, rather than a legal label.It also takes both spouses’ incomes into account. If you earn twice as much, you will pay more. It didn’t make any sense before. Let’s say Mom worked and Dad lost his job. He was paying child support, and the calculation didn’t in any way take into account Mom had always earned more than Dad. Also before, expenses were split 50-50 regardless of who made what income. Now, in most cases, it’s split proportionally.”

Shared parenting laws introduced by the Howard government in 2006 do not guarantee divorced fathers the right to a 50-50 time split with their children because (as the article argues) such an arrangement is not always in the best interests of the children.

Instead, the legislation requires the Family Court to “consider” whether equal time with both parents suits a particular child, and can decide that in some cases it does not.

The Australian last week reported that fathers are overwhelming staff at the new Family Relationship Centres, where all separating parents must now go before approaching the Family Court, demanding to know why they can’t have a 50-50 time split with their children.

1. Talk to your children about your separation.

Studies show that only 5 percent of parents actually sit down, explain to their children when a marriage is breaking up, and encourage the kids to ask questions. Nearly one quarter of parents say nothing, leaving their children in total confusion. Talk to your kids. Tell them, in very simple terms, what it all means to them and their lives. When parents do not explain what’s happening to their children, the kids feel anxious, upset and lonely and find it much harder to cope with the separation.

2. Be discreet.

While divorce proceedings may pose a great burden upon parents, they often have a significant affect upon children as well, who may not fully understand what is happening in the family’s transition. Parental separation can fundamentally shift a child’s world view, requiring careful steps to ensure that children are able to soundly cope with changes the divorce brings. It is crucial that parents remain focused upon helping children transition during the process:

1. Encourage open communication from your children. Although the complete scope of the process might immediately escape children, it’s important that you take time to allow a child to express his or her feelings about the event. This is a way in which you can both come to understand outside viewpoints, as well as providing you with an opportunity to reach and explain the situation in a manner that resonates with the child. If you have multiple children, it’s important to speak to them both individually and collectively, as each child is likely to have a different, personal response to the events unfolding, depending on their age and personality.

2. Ensure that all children have a stable social safety net throughout the process. Since the fundamental role of the family is to provide a safe setting in which children can learn and grow, it’s important that one continue to provide this level of support even during parental separation. Ensure that children are in a safe environment and remain outside any legal or argumentative environments that might surround the divorce; if you understand with your spouse around children, remain friendly and amicable, independent of your internal feelings. Always reach out to your broader, extended social network so that children feel comfortable – allow them to spend time with friends, relatives and counselors so that they have feelings of stability in spite of the changes around them.

There are at least five (5) states that have passed legislation regarding virtual visitation, or internet visitation: Utah, Wisconsin, Texas, Missouri and Florida. Other states are sure to follow, and through my firm’s nonprofit Fathers4Justice.net Illinois, I’m working to develop a legislative bill to propose making Virtual Visitation part of the IMDMA. Michael Gough, a pioneer virtual visitation technologist, has developed a program that we discussed in Chicago some years ago. See http://www.internetvisitation.org/

Internet visitation is being implemented, primarily for the purpose of allowing a parent more access to his or her child while the child is not in their care; it is not meant to replace one-on-one visitation. Think of it as a supplement to in person time with your child(ren).

Virtual visitation allows for the parent and child to communicate on a more regular basis, allowing for the parent and child to see and hear one another, which can be more effective than the standard telephone call. It seems that those adverse to virtual visitation are most concerned with parents using it as a means to replace typical in person visitation, which it is not meant to do.