One of the primary concerns that parents have about an impending divorce is the question of the resilience and adaptability of the children to divorce. In my practice at Law Offices of Michael F. Roe LLC, there has been a history of successfully managing cases that sometimes involve complex issues,…
I was pleased to have been invited by one of our area’s most competent child custody evaluators to attend the recent “Forensic Forum” in Chicago. Forensic Forum is an invitation-only association that brings together child custody experts in the form of evaluators, judges, guardians ad litem, and custody attorneys. The…
On January 14, a new law went into effect in Illinois that allows judges to order a “right of first refusal” for parents who share joint custody of their children. The right of first refusal (ROFR) means that any time one parent cannot care for the children during his or…
Childrensrightscouncil Illinois In fact, according to university researcher Dr. Emily Douglas, in “Mending Broken Families: social policies for divorced families”, the overwhelming majority of divorcing fathers have wanted at least equal parenting time with their children, or sole custody — and this has been consistent since the first surveys were…
My practice has seen an increase in the number of interstate custody disputes, in part due to the increased mobility of families as well as due to age old issues of parents wishing to return to their “home state” with their children once the marriage begins to break down. The…
Many Illinois divorce cases commence with a battle over the custody of the minor children. Because Illinois has not adopted Presumptive Shared Parenting, both parents are pitted in battle against each other for the parenting rights to their child or children. While Illinois’ refusal to adopt shared parenting, to my…
I found a most interesting blog this morning, by Sophia van Buren, that discusses her role as a non-custodial parent. In her view, being the non-custodial parent and a mother has created issues and challenges that many women in divorce do not encounter. Part of what she comments on is…
I receive calls from parents contemplating divorce in Kane County and DuPage County about joint custody in Illinois. Many good parents tell me that “I just want joint custody,” though many times I feel that people do not understand what joint custody means in Illinois. In general, Illinois Joint Custody…
There are a number of states that have adopted presumptive joint custody, or in other words, these states presume in a divorce that absent other evidence, the court should find that joint legal and shared physical custody is in the child’s best interest. Illinois is not one of these states,…
I have written previously about joint custody, and what this term means in the context of Illinois custody litigation. If one thing is clear, it is certain that many lawyers, parents, and even some judges do not have a clear view of what Illinois Joint Custody entails. Put simply, joint…