Tense courtroom showdowns are a staple in many movies and TV shows. But the real world is different. Most divorce cases settle out of court. Divorce trials are expensive, both emotionally and financially. Additionally, the parties have almost no control over a trial’s outcome.
So, most marriage dissolution matters settle out of court. Therefore, a Chicago family law attorney must be a good negotiator, as well as an effective advocate. These negotiation skills require an appreciation of the evolution of Illinois family law as well as an open mind about some innovative timeshare agreements.
Until the early to mid-1900s, women in the United States had almost no legal or financial rights. As a result, when couples divorced, fathers usually got full custody of the children. Typically, mothers only had whatever visitation the fathers allowed them to have. Courts rarely intervened for women back in those days.
Things changed dramatically shortly after World War II. The tender years doctrine, which first appeared in Europe in the late 1800s, took root in Illinois. As the name implies, this line of thinking held that children of “tender years” should be with their mothers. During this time, courts almost always awarded custody to divorced mothers, frequently with no questions asked.
Visitation patterns completely changed as well. Divorced fathers typically had whatever visitation mothers allowed them to have, unless the father could prove the mother was unfit.
Joint custody laws appeared in the 1970s. Typically, mothers still obtained custody because the tender years doctrine was not completely dead. However, fathers had more rights, such as weekend visitation and the ability to provide input in terms of where the children went to school and what doctor they saw.
Today, Illinois, like most other states, has a co-parenting law. Terms like “parenting time” and “timesharing” have replaced joint custody terms like “custody” and “visitation.” The change is not just cosmetic. Illinois law now presumes that children benefit from meaningful, consistent, and frequent contact with both parents.
The traditional every-other-weekend division results in about a 70/30 parenting time split. Arguably, that division is not true to the spirit of the co-parenting law. In many cases, the weekend parent is little more than a part-time event planner.
Truly effective co-parenting might require a more equal physical custody division (where the children spend their time), in addition to a more equal division of legal custody (the right to make important decisions about the children). Some possible examples include:
Whatever parenting time arrangement the divorce settlement contains, it must uphold the principles of the co-parenting law. Otherwise, a Cook County family law judge probably will not approve it.
Innovative new laws often require innovative new solutions. For a consultation with an experienced family law attorney in Chicago, contact Andrea Heckman Law. After-hours visits are available.
Walked in just for consultation, and in less than 45 days, my case was closed! Thanks to attorney Andrea Heckman, with all her passion and professional manner! Couldn’t be happier! Thank you so much for everything! Great attorney for all family needs! Thank you.
From the moment I walked in as a client to the end when everything was complete, I was very pleased with attorney Andrea Heckman, her knowledge, and professionalism! Her whole staff was always helpful. I would use them again if needed and refer them to everyone I know! Thank you.
Andrea Heckman has been my attorney helping/guiding/advocating for my children and I regarding my custody situation. We are in the process of working towards a more equal parenting schedule, and I have faith in her efforts and expertise to accomplish this.
I have used this office since 2018 and have nothing but excellent things to say. Andrea Heckman handled my divorce with no faults. Andrea is currently handling my child custody case and has been on top of everything! Andrea Heckman is an unstoppable force, and I would recommend her to anyone!
I could not ask for a better attorney to represent me during my case which is Andrea Heckman. Anytime I had any questions, I got a response in a timely manner. Andrea walked me through a very difficult time which was a divorce/child custody case. Andrea is very knowledgeable and motivating. The staff has been nothing but welcoming and professional. If I have to go to court for anything, I will definitely be giving this firm a call again.
Heckman Law is handling my divorce/custody. Andrea is very professional, knowledgeable, and responsive. She will take the time to answer and explain any questions you may have. She usually responds within a few hours. Honest about possible outcomes, whether it’s good or bad news. My ex doesn’t want to negotiate or cooperate with anything. Andrea is willing to fight in the courtroom for you. The case is ongoing.
I was represented by Andrea Heckman, and if it wasn’t for her, I would have been so lost. She guided me through my difficult situation. Some lawyers are about money. I knew that Andrea cared about me and my situation.
Ms. Heckman is a great lawyer. She helped me get time with my daughter when my ex was being nasty and refusing to let me see my baby. I thank her for all her hard work.
Ms. Heckman managed our parents’ will and advanced care planning documents expeditiously, skillfully, and with compassion during a stressful situation. We referred her to a family member for divorce with child custody issues, and she was pleased enough to refer her to 2 others for divorce services. A true professional.
Please contact our law office in Rolling Meadows for legal assistance with divorce, child custody, or visitation issues. We serve clients in the Chicago metropolitan area who need the help of an experienced and dedicated family law attorney.