Family-Law
The Illinois Family Law Study Committee is proposing major overhauls to the current Illinois Marriage and Dissolution of Marriage Act of 1977. If approved, it could transform the way cases are currently decided in the areas of child custody, maintenance, allocation of parental time and responsibilities, child support and additional family related matters.
Most family law attorneys and divorce litigants would likely concur that filing for divorce is stressful and difficult for most couples and families. Positive changes that assist litigants would be welcomed. However, it is crucial that if changes are made, that any new laws are thoughtful and would carefully consider the short and long-term effects they have on divorcing couples – especially those with children. Each divorcing family is unique, each with their own history and situation. Laws are important to guide us. However, it is equally important that the rights of each party are protected and that the golden rule of “what is in best interests of the child” is honored.
For example, one portion of the act in regard to parenting schedules proposes a statutory presumption that a child is to spend at least 35 percent of the time with each parent. However, circumstances sometimes arise where it may or may not be in the best interests of a child to do so. That may best be left to the discretion of the trial judge and not a statutory requirement. Perhaps one parent lives far away and the travel would be detrimental to the child. Another issue may be that the child does not have a prior relationship with one of the parents and needs time to foster the relationship. There is a component of the proposal that allows for a rebuttable presumption, which is overcome by a showing of a preponderance of the evidence. Clearly, the proposed changes allow for debate on either side.
Whatever your position – it makes sense to become informed about the possible new laws and to talk to your divorce attorney or legislator about the proposed reforms. If modifications are made, we will need to live with them for a long time. Change can be good – but let’s make sure they are good changes.
