ILLINOIS DIVORCE LAW BLOG

Articles Posted in Child Custody

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For parents anticipating a divorce and child custody (allocation) issues, it’s always useful to go over some checklists, both financial and child-related, to ensure that the needs of the parties and families are met as best as is possible during the pendency of the case.  Once a divorce or separation commences, it can be uncomfortable talking with the school or sports teams about the divorce, but it can be helpful and supportive to the minor children when teachers and coaches are aware of possible changes in the child’s behaviors or affect or emotional health.

CHECKLIST FOR DIVORCING AND DIVORCED PARENTS

1. As soon as possible, inform the school of a divorce so that school personnel can be made aware of your child’s emotional support needs.

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Most of the cases that we manage at Law Offices of Michael F Roe are complex cases, sometimes involving serious issues with child custody, and often a HCP (High Conflict Personality/Parent). Within these divorce or parentage cases the courts in Illinois follow a pattern of addressing the issues of the best interests of the minor children in terms of where the child(ren) with live primarily, and what allocation of parenting time and decision making will be awarded to each parent. Mediation, while mandatory in Illinois, usually is not effective in these complex cases. More typically, the court will initially appoint a Guardian ad Litem to investigate the circumstances of the parents and the family and give recommendations to the court on allocation of parenting time and decision making.

Practice Pointer: The role of the GAL in a child custody (allocation) case is important, but in my view, it must also be kept in mind that the role of a retained clinician (custody evaluator) is equally significant and important in a complex child custody case. As valuable as GALs are, they do not possess the clinical experience and psychological education as evaluators (most custody evaluators have Ph.Ds in psychology, or the equivalent). Many times, a good GAL in tandem with a good custody evaluator gives the Court the ability to capably assess and evaluate the best interests of children in a complex custody case. 

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In this article, I discuss the role of a ‘guardian ad litem’ in Illinois.

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Dr. Richard A. Warshak
BLOWBACK FOR DIVORCE POISON! MOTHER JAILED, ORDERED TO PAY $84K, AND STRIPPED OF CUSTODY
Spain is a wonderful place to visit. World-class museums, unique architecture, distinctive cuisine. Welcoming to tourists. But not so hospitable to parents who lodge false abuse accusations to win custody.
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Being in a relationship with a High Conflict Person (HCP) or a toxic person can be debilitating. Many adults with children will hold off on seeking help from the courts, or seeking a separation from the HCP in order to preserve the status quo for their children. But, as many are beginning to understand, children raised in a home with a HCP or toxic parent can suffer later in life.

Law Offices of Michael F. Roe has, for decades now, been managing divorce and child custody cases with HCPs.  “Understanding high conflict personalities is the missing piece in managing high conflict disputes.” – Bill Eddy, author of Splitting.

Take a look through our blog and the website for information about divorce and the HCP or personality disordered spouse.  We have the experience and the expertise to manage these cases, and open doors to a better future for parents and their children affected by HCPs.

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Below is a synopsis of two new bills signed into law that affect Family Law practice.  HB4121 sets a minimum standard for GALs in terms of their obligation to interview the parents and the children.  Now, most of us would agree that a period of 90 days is too long, and that most competent GALs make a practice of meeting with the parents and children within days or weeks of the appointment of the GAL.  This legislation may be addressing a concern that some GALs ( and I have seen this in operation) can be quite dilitory about their work, and some simply do not accept that the role of a GAl involves competence and diligence.  In most cases, judges and lawyers know who the good GALs are, and those appointments are often made with this understanding in mind. However, there are cases that involve GALs who do competent work, but may not visit with the children as often as they might, and this issue then becomes an area for criticism when the case goes to trial. HB4121 sets a minimum standard, to which GALs either conform, or risk some sanction for failing to do so.

HB2741 is an important change. The IMDMA was amended in 2016 to allow the Court to appoint a clinician to perform therapy in a family law case, with certain underlying findings being made. The hitch has been for a few years that the therapy process and feedback from the clinicians was barred insofar as communication with a GAL was concerned. In my view, this placed the process of therapy into a difficult position where children were concerned, insofar as the GAL has a statutory duty to investigate all aspects of the child’s life to determine the custodial best interests of the child. Now, with this amendment, the GAL may do his/her work to the fullest extent by allowing the feedback from the clinician so long as the HIPAA and Illinois Mental Health Act provisions are followed.

IMDMA GALs

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My divorce and post decree clients that have people with traits of toxic narcissism often struggle with trying to explain or discuss what it can be like living with someone with such toxic traits, especially when the person is able to maintain a facade of normalcy on their work or neighborhood relationships.  Sometimes, I have to coach clients to understand that it can be difficult persuading others as to how emotionally damaging these relationships are, especially when the narcissist is “high functioning,” or otherwise able to disguise their abusive behaviors from the rest of the world.  Living with someone with a toxic narcissistic personality disorder can be brutal, especially when the narcissist uses the relationship to emotionally abuse their partner, and tries to turn children, neighbors, and even family members against the otherwise healthy partner.

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Signs and symptoms of narcissistic personality disorder and the severity of symptoms vary. People with the disorder can:

  • Have an exaggerated sense of self-importance
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Questions come up from time to time about how parents are treated in Parentage cases ( where the parents are unmarried) vs. in a divorce case. Should fathers for example, be treated differently in a child custody case if they are not married to the mother of the child or children?  The answer in Illinois, fortunately, is no.  The Illinois Parentage Act borrows and connects with the Illinois Marriage and Dissolution of Marriage Act (IMDMA) and utilizes in Parentage cases the same child custody statutes that are used in divorce cases.  These days, parents are no longer awarded “custody,” but are awarded “allocations of parenting time.”

In a New Jersey case, the Parentage courts were expected to decide child custody issues in a speedy fashion, and it seems that this expedited approach robbed some fathers of the right to have a full hearing over child custody issues. A recent case there made the news, as the appellate court decided that the rules for parentage cases should follow the same rules and due process afforded in a divorce case.  Here’s a summary of that case for those interested in the details:

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If the custody or parenting time of a minor child is at issue before a court, should the legal process differ depending on whether the parents of the child at issue were married?
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