Modern Illinois is a mobile society. On average, most people relocate twelve times, or roughly once every four years, during their adult lifetimes. Since many of these moves are job-based, both custody and support modification is probably in order. In these instances, many people rely on “side agreements” rather than modification orders. Sometimes these agreements are oral, and in the immortal words of Samuel Goldwyn, “an oral contract isn’t worth the paper it’s written on.” Other agreements are text message...

Having a clear vision in place early on in the divorce process is important, since many big decisions are made in the opening weeks of the case, and it can be difficult to reverse these trends later. Divorce cases are similar to the early days of the founding of our great nation because just as the future of the country was at stake in 1787, the future of your family is at stake in any divorce case. In 1787, James...

Four people were shot in an exchange of gunfire between three Chicago police officers and an alleged gang member with a long history of drug-related arrests. 29-year-old Lamar Harris was under investigation for “possible narcotics activity” when he apparently ran from police in the Holman Square area of the West Side of Chicago. Officers pursued on foot and soon cornered Mr. Harris in an unlit apartment complex courtyard. The shooting began as officers converged on the suspect. Three officers were...

Due to a combination of factors, tuition at Illinois public universities has doubled over the past ten years. First, the well-documented pension fund crisis touched institutions of higher learning. In 2005, retirement funds accounted for 20% of the higher education budget; by last year, that proportion had escalated to 53%. As a result, schools have had to drastically increase tuition just to keep up with operating costs, fund modest improvements, and generally keep pace with other colleges. At the same...

Amidst ongoing instability that has seen eight different directors in the last five years, the state’s troubled child welfare agency filed an improvement plan that says will “help transform” the system. The filing complies with several legal actions, including a lawsuit by the American Civil Liberties Union which claimed that the Department of Children and Family Services offered “dangerously inadequate” care for the children in its system. Indeed, the DFCS is somewhat notorious for deficiencies like long waiting lists for...

The proposed Department of Children and Family Service’s budget for the upcoming fiscal year places less emphasis on institutional care and more emphasis on re-integrating children into the community. Funding for institutional care facilities will be slashed by $23 million, but the new budget includes an additional $19 million for community placement efforts, a process that DCFS Director George Sheldon has already put in motion. Moreover, during a recent Senate Appropriations Committee hearing, Mr. Sheldon testified that services for 18-21...

Back in the 1980s and early 1990s, driving under the influence was little more than a somewhat serious traffic ticket. Many officers would not even arrest intoxicated drivers, if they were close to their destinations or promised to drive straight home. But then a number of advocacy groups successfully changed both the laws and the way they were enforced. While some of the political and social furor over DUI has faded, these laws and procedures remain in place. Just recently,...

This time of year, we often take a few moments to remember some of the traditions in The Old Country, which sometimes involved lax enforcement of certain criminal laws. Like many Irish folk songs, Johnny McEldoo has no clear origin. It tells the story of some friends who went out drinking one night. Afterwards, since they were hungry, they “visited McMann’s, MacIllman’s, [and] Humpty Dan’s; we then went into Swann’s our stomachs for to pack.” One fellow in particular, the...

Illinois law declares that marital property must be divided “equitably” in a divorce, which is not necessarily the same thing as an “equal” division. How does such a distribution work, in practical terms? Nearly all civil cases – upwards of 95%, in most jurisdictions – are settled out of court. In divorce actions, it is not unheard of for the parties’ only contact with the judge to occur on the day the divorce decree is signed. Settlement negotiations generally take...

The Northern Star in Illinois child custody and divorce proceedings is “best interest of the children.” That principle underpins every decision the family court makes in this area, from parenting time to child support to scheduling provisions. All good parents share this same overriding concern and they want the best for their children. However, good parents also differ as to what is, and is not, in the children’s “best interests.” Many states have a boilerplate parenting plan that is presumed...

Despite the recent media attention to domestic violence – some examples include National Football League player Ray Rice and pop star Chris Brown – a large number of incidents still go unreported. So, there are very few reliable statistics in this area. What is known is that domestic violence accounted for 20% of all violent crime in the last decade. Domestic violence accusations are among the most explosive allegations in a divorce or child custody proceeding. They have a tremendous...

A renegade family advocate says she has helped over 7,000 individuals hide children from a parent and the court. 68-year-old Faye Yager became the Children of the Underground’s leader in 1987. Along with hundreds of like-minded individuals, Ms. Yager conceals parents (mostly mothers) and children from allegedly abusive parents and the judges who award full or partial custody to those individuals. The movement reached its heyday in the 1990s, before a high-profile 1998 lawsuit essentially forced her into hiding. In...

One of the most compelling reasons to obtain a protective order is that it shifts the balance of power in a relationship. Instead of waiting for the situation to worsen, alleged victims can take control of the situation. A protective order is also valuable in terms of third parties. Peace officers who may hesitate to become involved in what they see as a domestic dispute will not hesitate to enforce a court order. These orders also put churches, daycares, schools,...

Researchers estimate that one in three women and one in four men have been physically abused by an intimate partner sometime in their lifetimes. This estimate does not include other types of behavior, such as mental and emotional abuse, that are equally as harmful, nor does it take into account the broad definition of “domestic violence” in Illinois and elsewhere. Protective orders are not always a matter of life and death, but Illinois law always treats them as such, and...

Rampant inefficiency at the Illinois Department of Children and Family Services may have cost the agency more than $40 million over the past two years. Acting director George Sheldon opined that high turnover at the top (eight leaders in the last five years) caused poor morale among the rank and file, creating the DCFS current budget woes. Most of the issues centered on juvenile wards between 18 and 21. Many were errantly classified as “dependents” even if they were living...