Costs to Hire a Child Custody Attorney

Consultation – Each firm will decide whether they want to offer a free or fee-based consultation for a child custody case.  Often the free consultations are more of an introduction to the firm’s practices and to screen the potential client.  A fee-based consultation generally includes an assessment of the facts and legal advice on urgent matters along with a tentative analysis of the facts as provided by the potential client.  Free Consultation and Fee-base Consultations are both beneficial, however it is just a first meeting and you will not have your case resolved in one meeting. Setting realistic expectations for the first meeting will help you understand the purpose of that meeting

Initial Retainer – An initial retainer allows a custody attorney to start working on your case with a more in depth analysis of your facts and it will allow the attorney to work on urgent matter and prepare initial paperwork and Petitions to start your matter.  The initial retainer, however, will not be sufficient to address all the legal issues in your custody case and you will be expected to sign an Attorney Client Contract which likely contains a provision that the retainer will need to be replenished upon expiration for continued services.  The only time a legal matter is handled from beginning to end with only one fee paid is for a flat fee case.  Custody cases often cannot be handled for a flat fee as there are too many unpredictable matters and experts that may need to be called upon.

Payment Plans – Custody Attorneys often negotiate payment plans with their clients due to the expensive and high costs of a litigated custody matter.   Most of the time, you will need a credit card to back up the payment plan terms and you will need to sign a document authorizing the firm to process the card each month.  If you do not have a credit card, there are very few attorneys that will allow a payment plan due to the high risk of not receiving payment for services rendered.

Research Your County and Legal Issue

There a few ways to help you better understand the estimate of costs for a child custody case in DuPage County.  Knowledge of your local court rules will help you better understand what the attorney needs to do and what the court is likely to order if there is no agreement, such as a hearing on a proposed parenting plan, custody mediation, the appointment of a GAL, and/or a custody evaluation. You should also understand your Judge assignment and learn how your judge views and handles issues similar to your custody issues. And you should also familiarize yourself with the newly revised case statutes and updated case law to provide you with guidance and realistic expectations for how your custody issue might be resolved.  If this all sounds overwhelming, your custody attorney is there to handle the tasks that you can’t or do not have time to devote.

Things to Consider

A few things to remember when you are trying to estimate costs for your custody case in DuPage County:

•                 Retainer will not cover your entire case – Often child custody matters are unpredictable and will exceed the initial retainer paid.
•                 No Guarantees – A child custody lawyer will represent your position that is sound in law and reasonableness, however in litigation, the Judge will make a determination and there are no guarantees the Judge will rule favorably on all of your positions. An attorney can assist you in the best chance for success.
•                 Parenting Plans Templates – Easy to type up and print today but issues come when the time comes to enforce your provisions to protect your assets or children in Court.
•                 Multiple Court dates – A Judge will keep a short leash on matters such as Emergency Orders of Protection, Petitions to Restrict Parenting time.
•                 Experts and GAL’s – In many cases additional experts are needed and often agreed upon by attorneys or court ordered.  This will drive up your litigation costs, but it will also provide you and the Court valuable information to assist your family.

An estimate of a child custody case in DuPage County can be easily $25,000. Budgeting $2,000 per month for legal fees is not unrealistic.  Following the simple advice that more court means more costs can help you determine if court vs. mediation vs. settlement is the best path for your family emotionally, legally, and financially.

Our firm can assess your child custody case and assist you with balancing the emotional, financial, and legal in order to achieve your child custody goals.

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Illinois Parental Alienation Video

Parental Alienation Definition

Gone are the days when courts and divorce attorneys only focus on a child’s ambivalence toward a parent. Today, divorce professionals and courts focus on Pathological Alienation, a focus on behaviors, and whether there is a good valid reason for a child’s strong preference for only one parent. In 2001, authors Kelly and Johnson in the Alienated Child defined Parental Alienation as:

An alienated child is defined here as one who expresses, freely and persistently, unreasonable negative feelings and beliefs (such as anger, hatred, rejection, and/or fear) toward a parent that are significantly disproportionate to the child’s actual experience with that parent.”

Child’s Susceptibility to Parental Alienation

A child might ask why is Dad so mean because Mom always asks the same question, or why won’t Mom leave Dad alone because he always asks that question. Children listen to everything and they internalize how or what is being said by a parent. A younger child is not as susceptible to Parental Alienation whereas an older child that often adapts the feelings of other people, can be more susceptible to Parental Alienation.  Seeking help early, at the first sign of possible unjustified rejection, is highly recommended to repair the parent-child relationship.

What can help a child and parent experiencing Parental Alienation

Rejecting a parent is not normal. A divorce professional must analyze whether a child, given the unique fact pattern, is expected to be alienated and reject the other parent. It is important to get help for the child early.  Reunification therapy referrals early in the matter can greatly improve the relationship for the child and both parents. Caution must be used to select a professional that is knowledgeable and willing to work with divorcing or separated parents experiencing Parental Alienation. Contact us today to meet with our attorney to assess Parental Alienation within your family and how we can Petition the Court or appeal to the other parent to seek help as soon as possible and how best to manage your case while in court or while a Guardian ad Litem is appointed during your matter. Reunification Therapy, Court, and a Guardian ad litem involvement and greatly increase your chance of helping your family.

About Illinois Parental Alienation Attorney Erin Birt

Erin Birt served as the Vice Chairman, Chairman, & Past Chairman of the DCBA’s Child Advocacy Committee from 2013 – 2016.  Her practice is focused on divorce, family law, and Secretary of State Administrative Hearings. As Adjunct Faculty for Aurora University, Ms. Birt taught a master’s level course, “Community Justice”. She holds a J.D. from DePaul College of Law and is an active member of the Collaborative Practice Professionals of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association. Ms. Birt serves as an Illinois Parental Alienation Attorney, a Guardian ad Litem, and Divorce Mediator.

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How to Know What Property to Request in Your Divorce

In Illinois, marital property is accumulated in many ways and it is important to focus on when the asset was acquired, how it was acquired, and what happened to the asset once acquired.  It is important to create an inventory of all of your assets, debts, and liabilities so that you can begin the on-going analysis of what assets to seek in your divorce.  In an earlier post, we discussed what documents to gather and bring to begin the analysis of your marital estate, and the same documents can help you figure out what, or how much, property to request in your divorce.

As you weigh your legal investment against the pursuit of certain assets, you should ask yourself the following:

1. Was the asset obtained before marriage?
2. Was the asset obtained as a gift?
3. Was the asset obtained by inheritance?
4. Is the asset protected by a valid pre-nuptial agreement?

If you have answered yes to any of the 4 questions, it is possible that you might not be able to seek that asset in your divorce.  There are, however, instances when an asset that appears to be non-marital actually becomes marital.  An example of this is when the recipient deposits inherited funds into a joint account with a spouse.  That act may be viewed as making a gift to the marriage and thus allowing the asset to be divided between the parties during a divorce.

In the video below, I explain additional tips and factors to consider when determining What Property Should You Seek in Your Illinois Divorce.

How Debt Effects What Property to Seek in Your Divorce

What property you should seek during your divorce can also be influenced by the accumulated debt during your marriage. Divorcing couples often do not realize that allocating debt is a very difficult issue in divorce due to the types of expenditures made on the card and the third party contracts involved with the credit card provider. You might be surprised to know that even if you are not listed as an account user or joint holder of a credit card, you could be deemed responsible for a portion of the debt or repayment of a portion of the debt in your divorce.  Also, it is often not sufficient to simply allocate the joint credit card debt to the other spouse in your Marital Settlement Agreement.  A third party credit card provider can sue either party and the only likely remedy an ex-spouse has is to seek enforcement of the parties divorce judgment in divorce court.  It can be an expensive and lengthy process.

So how can you avoid that?  One way is by analyzing your marital estate and seeking either payment of the debt at the time of the divorce or seeking reimbursement of funds, aka additional property, to pay down the debt.  If there is a large amount of marital debt, a spouse can seek to have the marital estate, if large enough, to pay off the debt so that the parties do not have to deal with the credit card provider post divorce. If the marital estate is not large enough, a spouse can seek to have the other spouse pay for a majority of the debt with their income or with their portion of the marital estate.  For instance, if a spouse contests the expenditures on a credit card, called dissipation, a court can rule that the spouse that committed dissipation must reimburse the other party for the wrongful expenditures from their portion of the marital estate received.  Those funds can then pay down the debt of the wronged spouse.

In an Illinois Divorce, it is very important to determine the value of the marital estate and the marital debt when attempting to answer what property should you seek during your Illinois Divorce.

About Divorce Attorney Erin Birt 

Illinois Divorce Attorney Erin Birt

DuPage County based Illinois Divorce Attorney Erin Birt works closely with her clients and financial professionals to proactively analyze the marital estate in order to minimize expensive litigation in court. If you need representation in your Illinois Divorce contact us today or use our convenient online calendar below.

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Hidden Assets During Your Illinois Divorce: Video

During the breakdown of the marriage, couples experience many things such as confusion, anger, sadness, and mistrust. It is difficult to know what the next steps should be for yourself, your family, and your finances. A loss of trust might make you suspect whether your spouse has hidden assets.  The video below highlights the common excuses and lies presented during an Illinois Divorce when it appears a spouse has hidden assets and what you can do to protect yourself.

Hidden Assets During Your Illinois Divorce: Common Excuses

Illinois Divorce Attorneys and Divorce court judges have heard all of the excuses that can easily be disproved through document requests, subpoenas, and depositions.  You may hear the following excuses during your Illinois Divorce as well:

1. I gave money to my mother who has health problems (transferring funds to a 3rd Party)

2. I owe a business loan to my partner (a recently handwritten promissory note is provided during discovery)

3. I sold that car along time ago and the funds went toward the mortgage (but no funds can be traced)

4. I don’t have that type of asset (Financial Affidavits and Written Discovery omit the asset)

Hidden Assets During Your Illinois Divorce: Tips to protect yourself

Know that the above excuses can be disproved by our Divorce Attorney and financial team and that you can protect yourself from such hallow excuses. I often work with clients that are unable to determine what their total marital estate is because they lacked experience in financial record keeping or because the other spouse did not keep them informed but we can help. What you can do today to protect yourself from wondering if your spouse has hidden asset during your Illinois Divorce:

A. Gather all financial information you can from your home office, office, house, tax preparer, accountant, etc.

B. Gather 3 years of tax returns .

C. Meet with our DuPage County Divorce Attorney Erin Birt to discuss your divorce options and gain access to our network of financial professionals that can help you during and after your divorce.

D. Develop a Divorce Action Plan that will best prepare you for the next chapter of your life.

In order to accurately determine your marital estate, meet with our divorce attorney to begin the forensic audit process and to discover the hidden assets.  Our attorney can issue subpoenas, take depositions, and prepare and present the best case custom-tailored for the judge assigned to your divorce case. Often what is found is worth more than the legal investment. Contact us today to learn more.

About Illinois Divorce Attorney Erin Birt

Illinois Divorce Attorney Erin Birt has been practicing divorce law for over 15 years.  She opened her law firm in 2010 after several years of 100% Divorce Litigation to give her clients divorce options such as Divorce Mediation, Parentage Mediation, Collaborative Divorce, and Flat Fee Divorce.

Illinois Divorce Attorney Erin Birt

Divorce Attorney Erin Birt has been a past board member for the Mediation Council of Illinois, a past faculty member at the International Academy of Collaborative Professionals, a Past Group Leader for the Western Suburbs Collaborative Law Institute of Illinois, and most recently a presenter for the Illinois Counseling Association for which Erin is a member.

Ms Birt uses her dual career as a Divorce Attorney and Substance Abuse Counselor to provide her clients with unique expertise when divorcing under extremely high risk circumstances. Contact Us today to learn about how to hire our firm for your legal representation and to resolve the issue of whether your spouse has hidden assets during your Illinois Divorce. Please also feel free to use our convenient and confidential online calendar below.

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DuPage County Divorce Pretrial Conference: Video

In the video below, I discuss what to expect at a DuPage County Divorce Pretrial Conference and what you need to formally request a Divorce Pretrial Conference with the Court.

DuPage County Divorce Pretrial Conference: DuPage County Local Court Rules

DuPage County Local Court Rules allow for a Pretrial Conference prior to trial.  Below are the pertinent local court rules followed by DuPage County Divorce Attorneys and Divorce Courts.

15.18 PRE-TRIAL CONFERENCE AND TRIAL DATES

(a) A case may be set for a pre-trial conference at the discretion of the trial judge. If a case set for pre-trial is settled or disposed of prior to its scheduled pre-trial conference date, the attorneys are directed to advise the judge in advance so that said appointed time may be used to accommodate the hearing of other cases. Failure of attorneys to comply may result in the imposition of sanctions.

(b) Litigants must be advised of any pre-trial conference date by their attorneys. Litigants need not appear, but must be available for consultation with their attorneys by phone during the pre-trial conference. If the attorneys fail to appear for an appointed pre-trial conference, the pre-trial will be stricken and the case may be subject to dismissal and the attorney may be subject to sanctions. The Court may preclude any further pre-trial conferences.

If you wish to set a pretrial conference in your matter, retain your Divorce Attorney early.  The Court will expect the Pretrial Memorandum in advance of the set date and the memorandum must identify all assets, debts, and liabilities for the Court to consider in its recommendations for settlement.

DuPage County Divorce Pretrial Conference: What to Expect

Typically, a Pretrial Conference can be set by agreement of the attorneys, recommendation of the Court, or by motion of an attorney.  A DuPage County Divorce Pretrial Conference, which is held in the Judge’s private chambers, will cover:

1. Review of the Pretrial Memorandum;
2. Areas of Agreement between the parties, if any;
3. Areas of Disagreements between the parties;
4. Arguments of Spouse 1 Divorce Attorney;
5. Arguments of Spouse 2 Divorce Attorney;
6. Any remaining discovery issues that need to be initiated or completed;
7. The Judge’s Recommendations for settlement of all issues.

The Judge typically will keep notes of the Court’s Pretrial Conference Recommendations, and thus the Judge will remember the Court’s Pretrial Conference Recommendations throughout the remainder of the case.  Therefore, the DuPage County Divorce Pretrial Conference is one of the most critical and important parts of the contested divorce.  It is where you should work hardest with your divorce attorney to present the best arguments to the Court.  A bad Pretrial Conference outcome can be the hardest legal hurdle to overcome and it is best to approach the Pretrial Conference with the same level of preparedness as you would a divorce trial.

DuPage County Divorce Pretrial Conference: Hire Divorce Attorney Erin Birt

Do not approach a contested DuPage County Divorce without a Divorce Attorney.  DuPage County Divorce Attorney Erin Birt has over 15 years of divorce litigation experience and can provide you with the best chance of success at your DuPage County Divorce Pretrial Conference.  Contact Us today to retain our legal services, expedite your divorce process, and prepare for the the best pretrial recommendations from the Court.  You can also schedule a private, in person, consultation with DuPage County Divorce Attorney Erin Birt by using our convenient online calendar below.

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CHOOSE A NEUTRAL SITE

To reduce stress on all involved—especially the children—child custody exchanges and supervised visitation are often done on neutral ground rather than at the home of either parent.

Some potential public places for a custody exchange after divorce include:

• Your child’s school or daycare
• A large department store such as Target, Walmart, or Sears
• The local grocery store
• McDonalds, Burger King or other restaurants in your area
• The parking lot of your city’s police station or fire house

Any public area will generally have other people and/or security cameras close by, ensuring that everyone remains on their best behavior during the exchange.

Families in DuPage County, Illinois, might consider the DuPage County Family Center as an exchange site. If your divorce included mandated parent education, the Family Center provides programs to improve the relationships between parents and children. The DuPage County Family Center also offers supervised visitation if requested by a parent and/or ordered by the court.  The video below will highlight what can DuPage County parents expect at their supervised visitation.

SET SOME GROUND RULES

To make an already difficult situation a little easier, both parents can agree to certain tenets for the exchange or visits.

One of the most important rules is consistently being on time. The site CustodyZen.com explains why this little thing can become such a big deal.

“Situations such as traffic congestion will happen from time-to-time, making a parent late for an exchange.  But when one parent is consistently late it can be disrespectful to the other parent. Furthermore, it can be very stressful for the children and escalate conflict. Repeated tardiness to custody exchanges may result in legal consequences such as being found guilty of custodial interference, a crime in many states.”

Another ground rule can be that one parent remains in the car or at a distance during the exchange if meeting face-to-face will create a quarrel. Again from Custody Zen, “Depending on the amount of conflict, driving to custody exchanges can often…escalate a parent’s frustration. If one parent remains in the car the other can assist with transferring the kids to the other vehicle.”

At the DuPage County Family Center, the exchanges and visits are monitored and documented in a neutral report provided to the court, attorneys, and parents.

USE A THIRD PARTY

If all else fails, have a trusted third party make the exchange.

You can enlist a reliable family member or friend, and there are now professional “supervised visitation and exchange services” in many states. Two options are the Supervised Visitation Network and Family Wise. There is a cost involved for these services, and it’s critical to ensure that the person you hire is trained and certified for the role.

It may take a little effort to create a workable child exchange, but it’s important to allow children time to be with both of the parents they love—even when the parents no longer love each other.

Contact me to represent you in your custody, visitation, and parenting time case.  All of our clients know the answer to what can DuPage County parents expect at their supervised visitation and how to ensure safe child custody exchanges. We can help you start today. Schedule a consultation with our convenience online calendar below.

ABOUT ERIN BIRT

Illinois attorney Erin Birt is a skilled legal professional with over fifteen years of experience in divorce litigation and divorce mediation.  The firm is serving clients in many DuPage County cities including Wheaton, Carol Stream, Glen Ellyn, Naperville, Warrenville, West Chicago, and Winfield.

Erin opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services, specialized collaborative divorce options and family law expertise. She and her expert team continually develop creative outcomes that work for all parties involved, particularly children.

Ms. Birt holds a J.D. from DePaul College of Law and is a member of the Collaborative Practice Professionals of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association. She is a past board member and presenter for the Mediation Council of Illinois.

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The below video highlights what to expect at your DuPage County Prove Up Hearing, or final divorce hearing, and the tips included are helpful for any divorce case in Illinois whether it be in Chicago or Springfield.

Tips For Your Final Divorce Hearing: Prepare

• First and foremost, it’s ok to be nervous. Your attorney will be there to assist you, and the actual hearing generally takes just a few minutes.
• Prepare for this hearing with your attorney ahead of time. This preparation will lower your anxiety and fear of the unknown. If you’ve done any family mediation, things should go very smoothly.
• Wear business-like clothing, a dress, or slacks and a top. Jeans are not appropriate when appearing before a judge. A suit is not required but can be worn if that is your typical business day attire.
  

  Tips For Your Final Divorce Hearing: At the Hearing

• Leave your phone, tablet or other electronic devices in your car to quickly get through courthouse security. Every county is a little different on this, but if these items cause a delay you could potentially miss your court appearance. Better safe than sorry.
• Make sure you bring a copy of your most recent settlement agreement to present to the judge. Make a final review before the hearing of this and all other documents to be given to the judge.
  

  Tips For Your Final Divorce Hearing: In the Courtroom

• Other people will be in the room when you appear before the judge. However, don’t worry if you get emotional. Most judges have tissues available or will take a break if you need it.
• Listen carefully to the questions you are asked. You will have prepared for them with your attorney before the hearing, but emotions can sometimes disrupt how well you understand what was asked. It’s perfectly fine to request that a question be repeated.
• Be ready for the judge to make a speech after the hearing. This typically includes the findings made by the judge and an approval of the settlement agreement.
• Once the hearing is over, your attorney will answer any new or remaining questions you have, discuss the finality of the Judgment, and advise you how to best obtain a certified copy of the Judgment for Dissolution of Marriage.

Whether you’ve just begun your divorce process, have scheduled the final hearing, or need post-divorce modifications, I can provide the legal support and guidance you need and additional tips for your final divorce hearing. Contact me for more details.

ABOUT ERIN BIRT

Illinois Divorce Attorney Erin Birt is a skilled legal professional with over fifteen years of experience in divorce trials and divorce mediation serving clients in Chicago and many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield.

She opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services, specialized collaborative divorce options and family law expertise. She and her expert team continually develop creative outcomes in divorce mediation and family law consulting, and collaborative divorce that work for all parties involved, particularly children.

Ms. Birt holds a J.D. from DePaul College of Law and is a member of the Collaborative Practice Professionals of Illinois, the International Academy of Collaborative Professionals (IACP), the Illinois Counseling Association, and the DuPage County Bar Association. She is also a past board member and presenter for the Mediation Council of Illinois and the IACP.

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In a previous post, I discussed choosing between Divorce Mediation and Collaborative Divorce, and to help you further commit to Collaborative Divorce, in this post I will highlight a real case that further explains why Collaborative Divorce is an excellent divorce process for couples and families. Further, we offer you a free Collaborative Divorce Knowledge Kit, prepared by the International Academy of Collaborative Professionals, which outlines the process and helps you know what to expect.

FACTS AND BENEFITS OF COLLABORATIVE DIVORCE: WHAT IS COLLABORATIVE DIVORCE?

• Collaborative Divorce, also called Collaborative Practice, is a new way for you to resolve disputes respectfully–without going to court. It offers you and your spouse or partner the support, protection, and guidance of your own lawyers, and allows you the benefit of child and financial specialists, divorce coaches, and other professionals.

• You and your spouse control the process, make the final decisions, and pledge mutual respect and openness.

• The discussions and negotiations of the process are kept private.

• It is a flexible divorce solution that allows you to control your outcomes.

FACTS AND BENEFITS OF COLLABORATIVE DIVORCE: CASE STUDIES

These are just a few of the case studies presented in the kit that show the effectiveness of Collaborative Divorce.

Years ago, the husband’s first wife disappeared, leaving him with two children.  His current wife was the only mother the children knew.  And, she couldn’t have children of her own.  A typical court might grant her no parental rights after the divorce.  CP (Collaborative Practice Divorce) ensured that she stayed active in the children’s lives.

A husband and wife, both ministers with four kids, lived together in the same house with the husband’s secret partner.  The partner later exposed their relationship.  Despite the acute trauma felt by the wife and children, CP (Collaborative Practice Divorce) restored the relationship between all three adults and the children.

A husband and wife had two children, one a special needs child.  During the divorce, this child’s long term care requirements caused tremendous financial conflict between the parents.  CP (Collaborative Practice Divorce) kept them focused on the discussion until they reached an agreement.  The parents also agreed to work together after the divorce, assuring both children receive the care and support they needed.

FACTS AND BENEFITS OF COLLABORATIVE DIVORCE: WHY IT WORKS

Along with providing the support of caring and talented professionals, a collaborative divorce:

• Encourages mutual respect

• Emphasizes the needs of children

• Utilizes a problem-solving versus an adversarial approach

• Identifies and addresses the interests and concerns of all

• Prepares participants for their new lives post-divorce

In the video below, I discuss our philosophy and commitment to settlement based practices to help you save money and create a workable settlement agreement for your family.

As a trained collaborative divorce attorney, I can help you determine whether your situation could benefit from Illinois collaborative divorce law services. Contact me for more information and to discuss further the facts and benefits of Collaborative Divorce for your family. Feel free to also use our confidential online scheduling system link below.

ABOUT ERIN BIRT

Illinois attorney Erin Birt is a skilled legal professional with over fifteen years of experience in divorce litigation, Collaborative Divorce, and divorce mediation serving clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield as well as cities in Cook County and Chicago. Convenient offices in Chicago and Wheaton, IL.

She opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services, specialized collaborative divorce options and family law expertise. She and her expert team continually develop creative outcomes such as divorce mediation and family law mediation that work for all parties involved, particularly children.

Ms. Birt holds a J.D. from DePaul College of Law and is a member of the Collaborative Practice Professionals of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association. She is a past board member and presenter for the Mediation Council of Illinois.

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In 2012, I discussed the Illinois custody case, In re the Marriage of D.T.W., which illustrates alienating behavior of a mother against the father.  In this post I will also provide an update on Illinois Parental Alienation cases by highlighting the 2018 Illinois Parental Alienation case, In re the Marriage of Moore, which illustrates alienating behavior of a father against the mother.  The 2018 Illinois Parental Alienation case provides further insight into how Illinois Family Law and Divorce Courts handle parental alienation cases at this time.

A summary of both cases highlighting Illinois Parental Alienation and a current explanation of Illinois Parental Alienation are discussed below.

2012 ILLINOIS PARENTAL ALIENATION: IN RE THE MARRIAGE OF D.T.W

In the case, the 2012 Court stated it could not ignore the evidence of the mother’s alienating behavior when considering each party’s willingness to facilitate a continuing relationship between the children and the other parent. The Court took note of the mother’s actions such as:

• taking children for medical treatment on a repeated basis that lead to a
  curtailment, restriction or cancellation of the father’s visitation;
• the mother’s repeated attempts through pleadings to prevent the father’s scheduled visits through pleadings;
• the existence of a child’s journal and the child’s use of words such as “abuse” and “abandoned” which raised questions of the origin of the idea of writing a journal about the father and the source of the child’s information about the events memorialized in it;
• the mother’s efforts to alienate the children from the father’s sister.  In the most egregious example of trying to alienate the children from the aunt, the mother filed a criminal petition for order of protection on behalf of one of the children against the aunt and caused the child to testify at the trial; and
• the mother’s failure to follow the pre-trial recommendations of the 604(b) court appointed evaluator, failure to follow court orders, and her pattern of behavior and her unwillingness to obey court orders that were not in her favor.

This case also illustrates that court appointed evaluator’s reports are not controlling.  The Court held that a 604(b) recommendation concerning the custody of a child is just that, a recommendation.

In the end, the Appellate Court affirmed the trial court’s decision. It awarded sole custody of the children to the father and granted his petition to remove them from Illinois to Florida.

2018 ILLINOIS PARENTAL ALIENATION: IN RE THE MARRIAGE OF MOORE

In the case, the 2018 Court considered the evidence of the father’s alienating behavior as presented by various mental health professionals and the Guardian ad litem. I discussed the role of a Guardian ad litem in a previous post, and it appears the Guardian ad litem’s investigation played an important part in this case.  The Court took note of the the following facts, as stated in the Court’s opinion:

• DCFS investigation was unfounded;
• A licensed clinical professional counselor found a child’s claims of abuse seemed scripted and the child did not act or speak age appropriate;
• He opined that the child suffered from a severe case of parental alienation syndrome;
• He stated that parental alienation syndrome occurred when a child aligned with one parent who confronts or questions the safety or love of another parent by making the other parent appear “evil or unsafe”;
• He recommended case of parental alienation was severe, and recommended that the child have no contact with Father until interventions were made;
• He proposed a plan to work toward Father receiving visitation again. He recommended that Father undergo a psychological evaluation and psychological testing followed by individual counseling. When Father had made sufficient process in individual counseling, family therapy with the children could begin. After Father and the children had made sufficient progress in family therapy, Father could begin having supervised visitation. If Father was practicing boundaries and not engaging in alienating behaviors during supervised visits, Father could begin to have unsupervised visitation;
• A child psychiatrist testified and recommended that the child’s visits with Father be discontinued and during the break the child improved;
• Father’s witness performed psychodiagnostic interview and then performed testing on the parents but did not consider the past history of the parents, found no sense of dangerousness of either parent, and recommended that visitation resume as soon as possible.  He also testified that parental alienation syndrome as a diagnosis was not accepted in the field of psychology, but a behavioral pattern of parental alienation was accepted;
• The guardian ad litem opined that she believed that there had been serious endangerment to the mental and emotional welfare of the children by the parental alienating behaviors of the Father. She did not believe that the Father could see or understand his alienating behaviors, and that the LCPC’s plan for reunification with the Father should be implemented;
• The Court accepted the treatment recommendations proposed by the LCPC and supported by the Guardian ad litem and ordered Father to schedule complete psychological testing and to comply with all treatment recommendations;
• The Appellate Court agreed and upheld the lower courts decision reasoning that the circuit court may suspend a parent’s visitation, or eliminate a parent’s parenting time, “if the court finds by a preponderance of the evidence that [the] parent engaged in any conduct that seriously endangered the child’s mental, moral, or physical health or that significantly impaired the child’s emotional development.” 750 ILCS 5/603.10(a)

ILLINOIS PARENTAL ALIENATION RESOURCES

In 2018 and beyond, Illinois Parental Alienation can be defined as parental alienation syndrome occurs when a child aligned with one parent who confronts or questions the safety or love of another parent by making the other parent appear “evil or unsafe”. As an Illinois Parental Alienation Attorney, I work regularly with this topic as a divorce attorney and as a court appointed Guardian ad litem.  I have the experience and knowledge to help protect any parent in Illinois facing Parental Alienation allegations or any parent that has been wrongfully alienated by the other parent.

My firm works with an experienced litigation team and together we can help you fight back against parental alienation. My firm can help you rebuild a positive parenting relationship with your child before it is too late.  Contact us today to schedule a consultation or use the private and secure appointment link below.

The following resources may help you as you work with my firm:

Family Access Fighting for Children’s Rights

Parental Alienation Awareness Website

About Divorce Attorney Erin Birt

Illinois Divorce attorney Erin Birt has over fifteen years of experience in Illinois divorce law.  She serves clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield. She also serves divorce clients throughout Illinois in Cook County, Kane County, DeKalb County, Kendall County, and Will County.

Erin opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services and virtual family law expertise. She and her team continually develop workable divorce options and parenting plans for her clients.

Ms. Birt holds a J.D. from DePaul College of Law and is a certified  Substance Abuse Counselor. She is a member of the Collaborative Practice Professionals of Illinois, the International Academy of Collaborative Professionals, the DuPage County Bar Association, and the Illinois Counseling Association. She is a past board member and presenter for the Mediation Council of Illinois.

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Be Prepared When Getting a Divorce in Illinois

To successfully get a divorce in Illinois in 2019, you need to be prepared. You no longer have to be separated for 2 years, but you still need to take time to develop a plan. First, you should develop a budget. Can you file for divorce right away? It can be expensive without preparation. If you can’t afford to get divorced, a divorce attorney can still help you minimize your costs by offering unbundled services. Other alternatives to divorce litigation include collaborative divorce and mediation. Make sure you download our free collaborative divorce kit to learn about how it minimizes financial and emotional costs. Second, read the Illinois divorce laws, divorce help books, and divorce blogs.  In the video below, I discuss several helpful divorce blogs, including my own.

Hire a Divorce Attorney to Get a Divorce in Illinois in 2019

Don’t have time to do the above? Hire a divorce attorney to help you know the 2019 Illinois divorce laws, divorce tips, and divorce process. Hiring a divorce attorney could save you from making mistakes such as pleading mental cruelty as grounds for divorce in 2019. A divorce attorney would have explained that mental cruelty is no longer grounds for divorce in Illinois.  In Illinois it is not required that you have a divorce attorney, however, if your New Year’s Resolution is to finish your Illinois Divorce fast and in 2019, it is worth your investment to hire one.  A divorce attorney will provide you with personalized legal advice, fast updates to 2019 Illinois divorce laws, and minimize your time in the divorce process.   The best way to avoid divorce mistakes is to take advantage of the divorce attorneys legal knowledge and frequent access to the court.

Focus on You While Getting a Divorce in Illinois

Focus on yourself and you will achieve your legal goals. Make a commitment to be present and focus on the necessary tasks needed to finish your divorce. Schedule specific times each month to gather financial records for your divorce attorney, specific times to respond to difficult divorce related emails, and specific times to meet with your divorce attorney. You can then let the rest of the day be about you. Take the time to renew vows to yourself. Make yourself a priority. Commit to saying yes to social activities, to yourself, to your children.

If you plan on getting a divorce in Illinois in 2019, you will if you follow the above easy tips. I have many more easy tips to expedite your divorce in 2019, feel free to contact me to learn more.  If you need to finish your Illinois divorce in 2019, you do not have to prepare for it alone.  Contact Us today to learn how The Law Firm of Erin N Birt, PC can achieve your legal goals and protect you.

About Divorce Attorney Erin Birt

Illinois Divorce attorney Erin Birt has over fifteen years of experience in Illinois divorce law.  She serves clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield. She also serves divorce clients throughout Illinois in Cook County, Kane County, DeKalb County, Kendall County, and Will County.

Erin opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services and virtual family law expertise. She and her team continually develop workable divorce options and parenting plans for her clients.

Ms. Birt holds a J.D. from DePaul College of Law and is a certified  Substance Abuse Counselor. She is a member of the Collaborative Practice Professionals of Illinois, the International Academy of Collaborative Professionals, the DuPage County Bar Association, and the Illinois Counseling Association. She is a past board member and presenter for the Mediation Council of Illinois.

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The post Getting a Divorce in Illinois in 2019? appeared first on The Law Firm of Erin N. Birt, P.C..