Family law judges in the Prairie State must make all child custody decisions in the best interests of the children. That includes both custody and visitation matters. Typically, both parents agree with that overall sentiment even if they are in the midst of a bitter divorce. Yet almost all parents disagree as to the specifics. To resolve these differences, judges may look at a number of factors to determine best interest. 750 ILCS 5 gives a non-exhaustive list of items....

The quasi-legal devices were back in the news again recently. The venue is different, but the criminal law issues, lack of transparency, and civil rights questions are the same. In December of 2015, the Toronto Police Department flatly told a local newspaper “we do not use the Stingray technology and do not have one of the units”. Two years and multiple Freedom of Information Act requests later, the newspaper discovered that this statement was a lie. Apparently, local law enforcement...

Illinois modification procedures changed significantly in 2016. Collar counties (DuPage, Kane, Lake, Cook, McHenry, and Will) are now subject to a 25-mile rule. Under this rule, parents with custody of minor children have almost unlimited discretion to relocate if the new residence is less than 25 miles away. In the state’s other counties, a 50-mile radius is the cutoff. Even short-distance moves can be quite disruptive. Most divorced families spend months of trial and error developing a pickup and drop...

For several decades, the Breathalyzer has been front and center in the “war” against drinking and driving. Now, there is talk of lowering the Blood Alcohol Content threshold from .08 to .05. With such a small sample size (two or three drinks in most cases), accuracy will be even more important. This accuracy is one of the biggest and darkest clouds that surround the Breathalyzer’s use. An experienced defense attorney can use the Breathalyzer’s flaws to essentially invalidate the test...

Just as the costs and procedures involved in a family law case vary greatly among different jurisdictions and different types of claims, the resolution process varies, as well. Over 97% of these cases settle out of court. Based on the trends, that number could be even closer to 100% in a few years. That statistic is quoted a lot, but sheds little light on the issue. A simple marriage dissolution case might settle almost immediately if the couple was only...

During high drinking-and-driving holidays like this one, law enforcement is unusually active. Furthermore, the tactics they use are designed to catch unsuspecting drunk drivers. Chicagoland peace officers are out to arrest as many DUI suspects as possible over the St. Patrick’s Day weekend. Some DUI Roadblock Rules in Chicago Police and prosecutors love DUI checkpoints. If not for their enormous cost, these police roadblocks would probably be on almost every intersection on almost every weekend. But cost is one of...

Richard Gardner, a child psychiatrist at Columbia University, coined the term “parental alienation syndrome” in a 1985 paper. He defined it as what happens when one parent (alienating parent) emotionally manipulates the children into showing unjustifiable hostility, disrespect, or fear toward the other parent (targeted parent) during a family law legal dispute. Many people harshly criticize PAS due to its supposed lack of scientific support and the way it is used. Most professional organizations do not recognize PAS as a...

As a rule of thumb, most Chicago child support orders need to be modified at least once every five years. That is the average length of time most people work at one job before moving on to the next one. These changes almost always involve either a direct or indirect income change. Most people do not voluntarily leave a job unless it pays substantially more money than their current position. Other people change jobs because of better benefits, like a...

In 2014, state lawmakers radically changed the method for calculating alimony in Chicagoland. Before the so-called “modern family bill,” judges had almost unlimited discretion in setting the amount and duration of payments, provided they relied on any of the approved factors in any way they saw fit. The 2015 changes made spousal support payments more like child support payments. The law fixed guideline amounts, which were presumed reasonable in most cases. Three years later, lawmakers approved House Bill 2587, which...

The divorce rate among couples who fight over money once a month is 30% higher than among couples without this problem. Moreover, couples who fight over money once a week are over twice as likely to get a divorce. Illinois premarital agreements completely remove money from the equation. In addition to securing separate property and other items commonly associated with these contacts, premarital agreements can cover areas like a husband using funds from his paycheck (marital property) to make payments...

Illinois law requires judges to equitably divide marital property in divorce cases. Even though “equitably” is not synonymous with “equally,” the judge will probably not even consider awarding one spouse a disproportionate share unless there is substantial evidence that only such an award would be truly equitable. To make this decision, the judge must consider roughly a dozen factors. Here are some of the most prominent ones. Agreements Between the Spouses This factor may be the most prominent one because...

To understand modern divorce laws in Illinois, one first has to go all the way back to the 1940 marriage between Ronald Reagan and Jane Wyman. At the time, Mr. Reagan was starting to work his way up the ladder and Ms. Wyman, who had already been divorced once, was already a well-established actress. The death of the couple’s young daughter in 1947 pushed the teetering marriage over the edge, and Ms. Wyman filed for divorce the next year. The...

Though they lived in two different eras, two brave individuals who were willing to make extreme sacrifices for their children largely shaped today’s family laws in the Prairie State. In 19th century England, Caroline Norton married a prominent British politician. He was physically abusive to the point that household staff often had to separate the two or he might have killed his wife. Ms. Norton left her husband twice, but came back each time for the sake of the children....

A 29-year-old woman surrendered to Chicago Police Department officials a day after she shot another woman during a fight that was streamed live on social media. The alleged victim, a 27-year-old, said she streamed the encounter because she expected an argument. The victim said she was surprised that the other woman brandished a handgun and shocked when she fired. The round landed in her shoulder, but “if I wouldn’t have turned around I would have got shot in my chest,...

One of the spate of new laws to take effect on January 1 alters and consolidates the protective order process in Chicago. The changes are largely procedural and designed to streamline this area of the law. The measure largely does away with the distinction between “civil” and “criminal” protective orders, so most protective order violations are now criminal law matters. The changes have significance for both alleged abusers, who now always have the right to counsel, and alleged victims, who...