Visitation

What About What the Child Wants?

Published on: October 13, 2020 | Kollias, P.C.

In a divorce case involving children or in parentage case, it is usually pretty easy to figure out what each of the parents wants. What often isn’t clear is what the child wants, and how much weight the court should give to a child’s expressed wishes.

The Illinois Marriage and Dissolution of Marriage Act (IMDMA), which governs child-related issues arising in divorce and parentage cases, sets out a series of factors a court should consider in making determinations related to the allocation of decision-making responsibilities (i.e., “custody”) and parenting time (i.e., “visitation”), as well as other child-related issues. This list is commonly referred to as the “best interests of the child” factors.

Are Your Child’s Counseling Sessions Really Confidential in Illinois?

Published on: October 8, 2020 | Kollias, P.C.

In Illinois, the Mental Health and Developmental Disabilities Confidentiality Act (MHDDCA), protects communications made between a client and a therapist. Generally, when an individual begins therapy, the therapist’s first obligation is to explain that anything the client says to the therapist will remain confidential. However, this may not always be the case for children whose parents are simultaneously involved in a custody battle, and where a Guardian ad Litem (GAL) has been appointed to investigate and recommend to the court what is in the best interest of the minor child.

In 2017, the Illinois legislature added section 607.6 to the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Given how recently section 607.6 was added, there is not much case law interpreting its provisions. Under this section of the statute, a court may order individual counseling for a child, family counseling for the parties and the child, or parental education for one or more of the parties. Perhaps the more controversial portion of 607.6 can be found in subsection (d). Section 607.6(d) provides, “all counseling sessions shall be confidential. The communications in counseling shall not be used in any manner in litigation nor relied upon by any expert appointed by the court or retained by any party.”

Substitute Parenting Time When Servicemembers Are Deployed

Published on: March 30, 2020 | Kollias, P.C.

If you are currently an active duty military servicemember with orders to deploy, you may be wondering what happens to your parenting time with your kids while you are deployed. In other words, will you be forced to forfeit your parenting time with the minor children by virtue of your deployment? Will the children automatically need to stay with the non-deploying parent the entire time you are gone or can someone else exercise your parenting time in your place? Worry not, because these questions have been answered by the Illinois legislature.

For many servicemembers, the thought of “substitute” parenting time never crosses their mind. A common assumption is that if they are deploying, their children will naturally need to stay with the other non-deploying parent full-time until they return. However, for some families, this is not always the most functional scenario. For example, for children with parents who live in two different states, and with parents who do not get along, seeing both sides of the family can get very complicated when the non-deploying parent is unwilling to schedule time for the children to see the deployed parent’s family. Another example of where this may become complicated, is where the non-deploying parent does not have the capability of having parenting time with the children full-time due to other obligations such as work.

Parenting Time During Coronavirus: How Are The Rules Enforced in Illinois?

Published on: March 22, 2020 | Kollias, P.C.

During these unprecedented times during the Covid-19 outbreak, it seems like everything is uncertain and up in the air. On Friday, March 20, 2020, Governor Pritzker enacted Executive Order In Response to COVID-19 (COVID-19 Executive Order No. 10), otherwise known as the “Shelter In Place” order. The order provides that all residents of the State of Illinois must stay home, practice social distancing and that all “non-essential businesses” must cease operations (with certain exceptions). This order left many parents with questions, such as “Do I still have to hand over my children to the other parent?” Before Governor Pritzker clarified his initial shelter in place order, the answer was that we simply didn’t know. However, as the governor has expanded his order, we have more clarity. Pursuant to Section 14(e) of the order, it provides:

Essential Travel. For the purposes of this Executive Order, Essential Travel includes travel for any of the following purposes. Individuals engaged in any Essential Travel must comply with all Social Distancing Requirements as defined in this Section:

…(e) Travel required by law enforcement or court order, including to transport children pursuant to a custody agreement. (Emphasis added)

So in short, the answer is yes, you must continue to comply with your parenting agreement. COVID-19 is not an excuse to deny the other parent his or her court-ordered parenting time. However, this would obviously not apply if the child(ren) has been somewhat exposed to the virus and is in self-isolation or is experiencing symptoms of the virus. If this is the case, the parent in possession of the child in self-isolation should clearly communicate to the other parent that the child is exhibiting symptoms of the virus. Remember that the most important thing at this time is the child’s best interests. During this time, communication with the other parent is key, and you should both utilize your best judgment.

Is Cigarette Smoking a Basis to Restrict Parenting Time Under Illinois Law?

Published on: October 28, 2019 | Kollias, P.C.

Would an Illinois family law court restrict a parent’s ability to smoke cigarettes or vape around a child? Specifically, can a court limit a parent’s time with his or her minor child to prevent the exposure to second-hand smoke or vapor? The answer to this hypothetical question is hazy at best.

First, there’s the data about the harm caused by smoking. According to the Centers for Disease Control and Prevention, over 34 million people in the United States smoke tobacco products. That’s about 14% of all adults in the nation. While the health effects associated with one’s personal use of tobacco are well-established, ranging from cancer to arthritis, it is further believed that approximately 2.5 million nonsmokers have died from health-related problems caused by exposure to secondhand smoke since 1964.

Equal Parenting Time Under Illinois Law

Published on: July 9, 2018 | Kollias, P.C.

Some may rejoice, and some may cringe at the notion that parents might be required to metaphorically “split the baby” under Illinois House Bill 4113, which is currently sitting in committee. Effectively, if passed, House Bill 4113 would represent a dramatic change in how parenting time is allocated among parents.

The applicable statute currently in place, 750 ILCS 5/602.7, requires parenting time to be allocated according to the best interests of the child. As set forth in the current statute, there are numerous factors that are considered in determining what the best interests of the child are. The courts consider facts and evidence relevant to the best interests to shape a parenting time schedule for the parents to follow.

DuPage County Children’s Center

Published on: May 15, 2017 | Kollias, P.C.

In many custody disputes, allegations of abuse against children are thrown around. Sometimes, people use this simply as a means of mudslinging to gain an upper hand in the court’s eyes against the opposing party. However, other times, even the slightest indication of abuse can reveal a Pandora’s Box, leading to a full blow investigation to ensure a child’s safety. In DuPage County, allegations of abuse against children are taken very seriously, and the County specifically set up an investigative body to handle such allegations.

In 1987, Illinois’ first (and the country’s fifth) Children’s Center was opened in DuPage County. In 2001, it was incorporated into the DuPage County Office of the State’s Attorney. The DuPage Children’s Center is distinct from schools and local police departments, and it aims to uncover and collect evidence regarding abuse of children to find the truth. Once the DuPage Children’s Center has corroborating evidence, it will present a case to the Assistant State’s Attorney for review and possible charges.

Programs to Protect Children in Domestic Relations Litigation

Published on: March 20, 2017 | Kollias, P.C.

Divorce litigation affects children, especially if they are living in a contentious atmosphere. In an effort to minimize the impact of the legal process on children, counties in Illinois have implemented programs and procedures to keep children out of the courtroom, and facilitate resolution of parenting issues in domestic relations cases. A handful of these programs are summarized here.

Mediation

Counties in Illinois are required to offer mediation programs for divorcing parents. If parents are unable to reach an agreement regarding parenting time and the allocation of parental responsibilities, and so long as there are no extenuating circumstances (such as domestic violence), the court will send parents to mediation to try to resolve these issues outside the courtroom. Judges will often remind parties in a divorce that parents know their family situations and needs best. As parents, they should take advantage of the opportunity to reach a resolution that is in the best interests of the family, rather than delegating that decision a third party outsider.

The mediator does not represent either party and does not give legal advice. Rather, the mediator’s job is to facilitate conversation between the parties, and hopefully aid them in resolving the matters related to their children. The mediator will the issue a report stating whether the parties reached a full resolution, partial agreement, or were unable to reach an agreement.

Grandparents Raising Grandchildren: Guardianship of a Minor in Illinois

Published on: June 27, 2016 | Kollias, P.C.

Most people know a neighbor, friend, or family member who provides full-time care for a grandchild. In fact, grandparents raising grandchildren is a growing trend among families in the US. According to the AARP, nationwide nearly 5.8 million grandchildren live with their grandparents, and it is estimated that over 2.5 million grandparents are raising their grandchildren. Almost 1 million children live in a home where a grandparent and neither of the child’s parents are in the residence.

According to the 2010 U.S. Census, 99,783 grandparents in Illinois are householders who are responsible for the grandchildren that live with them. 7.8 percent of children in Illinois reside with their grandparents in situations where the grandparents are the householders. 109,939 children in Illinois reside in such households where the grandparents are responsible for the children. Of those, 35,583 Illinois children have no parents in the home at all.

In some circumstances, grandparents are obtaining custody or adopting their grandchildren. However, the more common scenario is that grandparents are being appointed as legal guardians over their minor grandchildren.

Custody and Visitation Rights for Grandparents and Non-Parents in Illinois

Published on: May 16, 2016 | Kollias, P.C.

Circumstances can arise when, for various reasons, a child is not in the possession of one or both of his or her parents and certain non-parents might seek to obtain an allocation of parental responsibilities (formerly known as “custody”) and parenting time (formerly known as “visitation”). In Illinois, non-parents can have a difficult time attaining their goals, unless certain specific conditions are met. Generally speaking, section 601.2 of the Illinois Marriage and Dissolution of Marriage Act provides that proceedings related an allocation of parental responsibilities (custody) are allowed:

By a parent filing a petition for divorce or legal separation;
By a parent filing a petition for allocation of parental responsibilities;
By a person other than a parent, only if the child is not in the physical custody of one of his or her parents;
By a step-parent, if certain circumstances are met; or
When one of the parents is deceased, by a grandparent who is a parent or step-parent of a deceased parent, if certain conditions existed at the time of the parent’s death.

This post focuses only on situations that arise under number 3 above, when a non-parent seeks an allocation because the child is not in the physical custody of one of his or her parents.

Imagine that Kourtney and Scott are never married and have three children together. Five years ago, Scott was thrown in jail for crashing his Lamborghini while highly intoxicated, and eventually convicted. While Scott was in prison, Kourtney and the children moved in with Kourtney’s mother, Kris. Kourtney and the kids lived at Kris’ house on and off for the next year or so.