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Illinois Divorce: 2016 Rings in New Rules for Child Custody

Thoughts from Law Offices of Michael F Roe as 2015 winds to a close:

2015 has been a year of successes for clients, and challenges in Illinois divorce practice, with some of the challenges including managing the maintenance statute (the statutory guideline formula) that caused a radical change in how support is calculated for incomes below a benchmark amount of $250,000.00


2016 will bring us substantial changes to the practice of divorce and custody law. I use the term “custody” despite the fact that the new IMDMA has done away with the terms “custody” and “visitation” and now instructs the Court to determine “allocation of parental responsibilities,” along with allocations of parenting time for the parents and children. Other new rules affect relocation within the state of Illinois; previously, a residential parent could relocate anywhere within the state with the children after a divorce, sometimes wreaking havoc on the nonresidential parent’s access to the children.

These new rules will change the terminology of divorce and custody practice in Illinois, but at the same time, controversies will exist between parents as competing parenting plans are negotiated or litigated. Law Offices of Michael Roe is determined to utilize these new changes to further advance our client’s goals in the area of child custody and parenting. As always, in cases where there exists parental alienation, or negative behavioral issues with a parent, the liberalization of the parenting laws will not affect our Firm’s goal to ensure that all parenting plans serve the interests of both the children and the parent that seeks to protect the healthy developmental lives of their children.

The law has changed, but our Firm’s commitment to cutting edge, tenacious and creative solutions in divorce and custody litigation will never waiver. 2015 was a great year for our clients and we look forward to an even better 2016. I wish each reader and their families a healthy, happy and prosperous New Year.

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