ILLINOIS DIVORCE LAW BLOG

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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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I can say that most of the calls to my firm involve significant and complex child custody issues, many involving psychological issues or parental alienation concerns. Yet, it is still very important for my practice to focus on financial issues in divorce, as well.  Issues concerning support calculations, and valuation issues of real estate and/or business are an important and essential part of the practice.  I spent a few years, along with my law school training, in MBA school as well. These years of the study of accounting and finance have proven beneficial in the practice of Illinois Divorce Law.
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A case I tried some years ago made its way to the Appellate Court in Illinois. The case was ultimately brought to the Illinois Supreme Court, which decided not to address the Third District Appellate Court’s decision in Marriage of Liszka.  I tried the Liszka case before a Will County judge, and it was a barnburner, involving both child custody issues and financial issues including the valuation of a closely held business worth in the millions of dollars.
Part of my approach with the trial court in that case was to ask the Court to not only value the retained earnings in the business as marital property, but as these retained earnings had not been part of the valuation of the business, that the Court should distribute the marital earnings to the parties as a cash distribution of marital property.  The trial court declined to do so. Fortunately, because the case was tried with some expectation that the court might make some mistakes in its judgment of the case, I tried the case with an eye that the decision of the court would be appealed.
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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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The Impact of Parental Alienating Behaviors on the Mental Health of Adults Alienated in Childhood

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Abstract

This study qualitatively investigated the mental health of adults exposed to parental alienating behaviors in childhood. Research suggests that exposure to parental alienating behaviours in childhood can have a profound impact on the mental health of those children later in life, including experiencing anxiety disorders and trauma reactions. An international sample of 20 adults exposed to parental alienating behaviors in childhood participated in semi-structured interviews on their experience and its impact. Four themes were identified: mental health difficulties, including anxiety disorders and trauma reactions, emotional pain, addiction and substance use, and coping and resilience. Intergenerational transmission of parental alienation was found. Confusion in understanding their experience of alienation, the mental health sequelae, and elevated levels of suicidal ideation were found. This study demonstrated the insidious nature of parental alienation and parental alienating behaviors and provided further evidence of these behaviors as a form of emotional abuse. View Full-Text
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Have your children turned against you? Do they resist spending time with you? Have they joined with your ex in treating you with contempt? If so, they may be suffering from parental alienation.

In this article I provide an overview and summary of parental alienation to help separated and divorced parents, grandparents, and others affected by this problem to identify, prevent, and heal psychologically damaging fractured relationships.

You can read more about parental alienation by clicking on the links at the end of this article.

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A big part of my Firm’s approach to divorce law practice is helping clients navigate communications with a High Conflict Personality (HCP).  Many times, the Court will order that the parties limit communication to online monitored platforms like “Our Family Wizard” or “Talking Parents,” but regardless of the platform, difficult, angry, offensive or high conflict narratives can emerge in this messaging from one side. Too often the impulse is to respond in kind, but this kind of like-kind response is almost always counterproductive. Bill Eddy is a longstanding expert in managing High Conflict personalities, and one of his most popular methodologies for managing communications with a HCP is the following:

KEY POINTS

  • Brief: It helps to keep it to one paragraph, three to five sentences.
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The Devastating Effects of Parental Alienation on Children

Anger, guilt, grief, disconnection, and low self-esteem.

Parental alienation is a form of child abuse that we are only beginning to recognize. Technically speaking, it’s when a child aligns with one parent and rejects its other parent for reasons that are not warranted. According to The Parental Alienation Study Group, at least 3.9 million children in the United States are “moderately to severely” alienated from a parent. Put another way, there are three times as many children in the United States who are alienated from a parent than there are children with autism.
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