One of the reasons that I have been a proponent of alternative dispute resolution systems in divorce (such as collaborative divorce and mediation) derives from the sheer savings that can accrue to the parties by bypassing stressful and costly litigation, and implementing cutting edge alternative strategies that lead to settlement.…
Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent’s duty to care for the child. Residence and…
The Associated Press reports on an interesting case arising in Cook County. The divorced parties apparently have a Joint Parenting Agreement, providing for the parents to consult with each other over the major decisions in the child’s developmental life. Mom, in this case, wanted to have the 9 year old…
I have a number of clients who express concern about their divorce and the impact on their children. Are there any guidleines for parents to follow? Below are some thoughts and guidelines for parents anticipating divorce or in a divorce process. Be mindful that there are alternatives to traditional litigated…
Custody Terminology and the Effect on Divorce Outcomes Terminology in divorce carries weight: Which sounds better: Custody Decision, or Parenting Plan? Senate Bill 2003, approved by the West Virginia Legislature during a special session in June 1999, started an overhaul of the state’s domestic relations system. The bill made changes…
One of the best ways that divorcing parents can faciliate a good joint parenting agreement is to live within reasonable proximity of each other. When both parents live within minutes and miles of each other, the parents and kids benefit. Even the best and broadest parenting agreement can be difficult…
In Sutherlin the trial court was in error when to refused to address the issue of temporary custody of the children, in an action initiated by the wife to obtain an order of protection for herself against her husband. The court should have found that the wife’s petition for the…
It was not an abuse of discretion by the trial court, the Illinois Appellate Court held, to refuse to order Grandparent visitation when the parents of the children had not agreed to it. IRMO Ross The court held that in view of the Wickham decision ( holding that the grandparent…
In re Custody of T.W. is an interesting analysis of the superior rights doctrine, and how this doctrine, that substantiates the rights of biological parents, can be trumped by a best interests test. What do I mean by this? In this case, a child’s mother voluntarily surrendered custody of her…
Beautiful, wealthy and bright, but subject to the viscissitudes of life: Two months after television reports circulated about her husband Peter Cook’s alleged infidelity with an 18-year-old employee, Christie Brinkley has made it official: she’s seeking a divorce. Cook’s written apology to Brinkley ran in a newspaper column shortly after…