Changing law changes lives
Discourse on Divorce
As featured in the November 14, 2018 edition of the Chicago Daily Law Bulletin
By Michael C. Craven
In this column, I want to reflect on how the law has changed the world, and in particular, family law in Illinois.
There aren’t many occupations in the world that have the ability to change so many peoples’ lives, but one that does is law. As someone who has spent more than 30 years practicing law, I am constantly amazed and astounded how the rulings that courts make have the ability to transform the landscape of our lives.
As lawyers, we can be proud about being part of a profession that works toward making lives better and safer, especially for those who are unable to advocate for themselves.
Last month, I was fortunate enough to attend a class about four trials that created conversations about how we wanted to live our lives, all resulting in significant influence upon society.
This started me thinking about the trials that have changed the world of family law. There are a few cases that stand out to me. One of the most well-known is Troxel v. Granville, which affected grandparents’ rights.
This case originated in Washington state and was ultimately heard in the U.S. Supreme Court. Although the genesis of the case was in Washington, the result affected many states, including Illinois.
Troxel stirred debate, in and out of courtrooms, about the rights grandparents have, how those rights can affect a parent’s rights and how a grandparent’s involvement affects a child’s best interests.
Prior to Troxel, the Illinois Marriage and Dissolution of Marriage Act provided grandparents various rights.
After the court handed down the ruling, the rights of grandparents were challenged within the courtroom and debated within society. In the end, grandparents’ rights in Illinois became more limited.
The lasting effects of this case changed the rights of parents and grandparents.
Another area in family law that has been affected by changing attitudes is how animals are treated. Family law, as well as other disciplines of the law, long considered animals mere chattels. Animals certainly didn’t have rights, and the people who owned them had few, too.
As society’s views about animals changed, so did the law.
For example, many people consider common pets as a special class of animals. Although change came slow, now the law too recognizes the special place pets have in many families’ lives.
When a couple is divorcing, pets are often part of the equation. Recent changes to the law allow a court to decide whether one spouse receives custody of a pet or if custody has to be shared.
Of course, family law isn’t the only place lawyers and judges reshape the status quo for the better. Personal-injury attorneys are often criticized about the work they do. However, the battles they have waged often result in protecting citizens, workers and others.
Every day thousands of people coming and going from their jobs walk past dozens of construction sites in the city. They don’t pay attention to the fences surrounding the work sites that prevent them from falling into a hole or the scaffolding over their heads protecting their bodies from falling debris.
Those protections are in place not because builders and construction companies mindfully set out to protect the public, but because lawyers fought to compensate clients who were injured.
Although a lawyer may fight for his or her one client, in the end, the net effect of many lawyers working for clients resulted in a positive change for the greater good. Now, construction sites are designed to mitigate harm to people and this happened because the law forced them to do so.
What makes this so interesting to me is that the law is an ever-changing process that aims to make things better, and often succeeds.
The law reflects the ever changing and shifting priorities of the general population. As a result, I’m proud to be a part of the legal profession; I hope you are, too.
