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Federal Constitutional Childcare Interests And Superior Parental Rights In Illinois, Jeffrey A. Parness
Federal Constitutional Childcare Interests And Superior Parental Rights In Illinois, Jeffrey A. Parness
Northern Illinois University Law Review
The U.S. Supreme Court has long recognized federal constitutional childcare rights in parents that may not be easily diminished or eliminated by government. Yet it has allowed these childcare rightsholders to be chiefly defined by state laws. The relevant state laws vary widely, dependent upon such factors as biological ties, functional parenthood, contracts, and the avenues to conception. Deference to state lawmaking here is unique. No other federal constitutional rightsholders are so significantly defined by state statutes and precedents. This deference has resulted in significant interstate variations in de facto parent, equitable adoption, presumed parent and surrogacy matters, as well …
Vol. 2 No. 2, Summer 2011; Misinterpreting The Child's Best Interests Standard: A Closer Look At In Re Marriage Of Guthrie And Illinois Child Removal Law, Devin Noble
Northern Illinois Law Review Supplement
In Illinois and throughout most of the United States, there are nearly half as many divorces in a given year as there are marriages. The divorce experience can become extremely complicated when children are involved. Illinois parents who receive sole custody of their children can move anywhere within the state without court approval, but must seek permission from the court to permanently remove a child from the state. Such petitions for removal should only be granted if the removal is in the best interests of the child. One important consideration in determining the best interests of any child is the …
The Psychotherapist-Patient Privilege In The Family Court: An Exemplar Of Disharmony Between Social Policy Goals, Professional Ethics, And The Current State Of The Law, Deborah Paruch
Northern Illinois University Law Review
The mental health community recognizes the importance of confidentiality in the psycho-therapeutic relationship and the resultant impact on the effectiveness of treatment. This is embodied in professional ethical standards that prescribe confidentiality of information obtained in treatment. A psychotherapist-patient testimonial privilege is recognized by common law in federal courts, and by statute in all fifty states. However, state laws provide uncertain protection of this privilege in child custody disputes and virtually none in child abuse and neglect cases. In such cases, mental health professionals are commonly required to provide courts with confidential information obtained in psychotherapy sessions- often against their …
Protecting The Parent-Child Relationship: The Need For Illinois Courts To Extend Standing To Non-Biological Parents In Regard To Visitation Proceedings, Desiree Sierens
Protecting The Parent-Child Relationship: The Need For Illinois Courts To Extend Standing To Non-Biological Parents In Regard To Visitation Proceedings, Desiree Sierens
Northern Illinois University Law Review
Each year, children in Illinois are denied the opportunity to visit a "parent" because the children's families do not fit into traditionally defined family units. Under Illinois law, one "parent" in these non-traditional families lacks standing to petition for custody and visitation. While Illinois courts have a tradition of extending rights to common law parents, current courts have declined to follow previous rulings when asked to extend standing to the same-sex partner of the biological parent, even in cases where the couple, together, agreed to have the child. This comment will argue that maintaining relationships between a non-biological parent and …
Determining The Undeterminable: The Best Interest Of The Child Standard As An Imperfect But Necessary Guidepost To Determine Child Custody, Steven N. Peskind
Determining The Undeterminable: The Best Interest Of The Child Standard As An Imperfect But Necessary Guidepost To Determine Child Custody, Steven N. Peskind
Northern Illinois University Law Review
Since the 1960s, our nation's courts have almost universally relied on a legal standard known as the "best interest of the child" in order to resolve contested issues involving child custody. Critics of the standard conclude that, due to the complexities of defining what will serve a child's best interests, the standard is at best not helpful, and is perhaps even useless. Critics also charge that the standard is indeterminate, and depends too heavily on the subjective values and life experience of the individual fact finder--the trial judge. In this article, Steven Peskind will review the history of standards used …
Domestic Violence And The Danger Of Joint Custody Presumptions, Judith G. Greenberg
Domestic Violence And The Danger Of Joint Custody Presumptions, Judith G. Greenberg
Northern Illinois University Law Review
This article points out that the current trend towards joint custody as the preference or presumption in divorces can create some unwanted side-effects. Specifically, joint custody is dangerous for victims of spousal abuse because it allows, and sometimes even facilitates, the continuation of patterns of abuse. Although many jurisdictions that apply a joint custody presumption attempt to protect victims of domestic violence, neither of the two usual approaches is successful in protecting the victims and their children. As a result, the author makes two recommendations. First, statutes should never create a presumption in favor of joint custody. Second, courts should …
Relocation Custody Disputes - A Binuclear Family-Centered Three-Stage Solution, Robert E. Oliphant
Relocation Custody Disputes - A Binuclear Family-Centered Three-Stage Solution, Robert E. Oliphant
Northern Illinois University Law Review
This article argues that the best method for courts to adopt during relocation custody disputes is a binuclear, family-centered process. A binuclear family is defined as a large, interconnected family, with one household headed by the ex-wife and the other by the ex-husband, with the child being a member of both. The author contends that the current methods, which include the endangerment standard and the "new family" theory, are both inadequate to deal with a relocation custody dispute. Specifically, the author discusses a proposed three-step process for dealing with a relocation custody dispute. Step one involves the creation of a …
The American Law Institute Principles Of Family Dissolution, The Approximation Rule And Shared-Parenting, Marygold S. Melli
The American Law Institute Principles Of Family Dissolution, The Approximation Rule And Shared-Parenting, Marygold S. Melli
Northern Illinois University Law Review
This article discusses the ALl Principles of Family Dissolution which proposes a default rule to determine child custody when parents cannot agree. That rule, known as the Approximation Rule, requires the court to allocate child custody so that the amount of time that the child spends with each parent approximates the proportion of time each parent spent in child care during the marriage. This article explains the background for the choice of the rule and faults the ALl for not explicitly recognizing that the rule may in effect be a proposal for shared parenting.
Applying Intent-Based Parentage Principles To Nonlegal Lesbian Coparents, Melanie B. Jacobs
Applying Intent-Based Parentage Principles To Nonlegal Lesbian Coparents, Melanie B. Jacobs
Northern Illinois University Law Review
With increasing frequency, courts are being asked to determine the parental rights of lesbian partners; some of these partners have no biological connection to their child(ren) while others have donated genetic material. Current parentage laws are often inadequate to resolve these disputes and even when they are available, courts are often reluctant to apply them and depart from the traditional family law paradigm of one mother/one father. In this article, the author argues that courts should embrace the doctrine of intentional parenthood to legalize the rights of nonlegal lesbian partners, with two caveats: first, courts should not apply intent-based principles …
Have Kids, Might Travel: The Need For A New Roadmap In Illinois Relocation Cases, Lance Cagle
Have Kids, Might Travel: The Need For A New Roadmap In Illinois Relocation Cases, Lance Cagle
Northern Illinois University Law Review
The issue of child custody relocation continues to be a source of controversy and contention nationwide, as state legislatures and courts have struggled to determine the difficult question of whether, and under what circumstances, a child's residential parent may be permitted to relocate with the child across state lines. In Illinois, the issue of relocation has proven particularly troublesome, as there are no statutory standards to guide courts in determining when removal is in the best interests of the child and appellate decisions have yielded inconsistent and often puzzling results. This article addresses the issue of custody relocation in Illinois. …