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When a Parent’s Conduct Can Limit Their Time with a Child: Understanding Parenting Time Restrictions Under the IMDMA

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If you are going through a divorce or parenting dispute in Illinois, one of the most pressing questions you may face is this: Can a court restrict how much time the other parent spends with our child — and what does it take to make that happen?

Illinois law draws a sharp distinction between simply allocating parenting time and actually restricting it. Understanding that difference could make a significant impact on your case.

Two Different Legal Tests

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), Illinois courts use two separate legal frameworks depending on what a parent is asking for.

Allocating parenting time — that is, establishing or adjusting a schedule — is governed by the best interests of the child standard. The court considers up to 17 statutory factors, including each parent’s involvement in the child’s life, the child’s relationships, adjustment to school and community, and each parent’s willingness to support the other’s relationship with the child. This is a broad, flexible analysis, and the law presumes that both parents are fit to have parenting time.

Restricting parenting time is an entirely different matter. It requires meeting a significantly higher legal threshold: serious endangerment. Illinois courts have described this standard as “onerous, stringent, and rigorous,” In re Marriage of Diehl, 221 Ill. App. 3d 410, 429, 582 N.E.2d 281 (Ill. App. Ct. 1991), and have confirmed that it is “different from, and more stringent than, the best-interest standard.” In re Marriage of Hipes, 2023 IL App (1st) 230953, ¶ 37. It is not met simply because parents disagree about parenting styles, or because one parent is unhappy with the other’s choices.

What Is “Serious Endangerment”?

Under 750 ILCS 5/603.10, an Illinois court may restrict a parent’s parenting time only after a hearing and a finding, by a preponderance of the evidence, that the parent has:

“engaged in any conduct that seriously endangered the child’s mental, moral, or physical health or that significantly impaired the child’s emotional development.”

This is a two-step process. First, the court must find that serious endangerment has occurred. Only then can it craft a protective order tailored to address the specific risk. As the Illinois Appellate Court explained in In re Marriage of Mayes, 2018 IL App (4th) 180149: “The trial court must first make a factual determination [that] the preponderance of the evidence demonstrates the parent has engaged in any conduct that seriously endangered the child’s mental, moral, or physical health or that significantly impaired the child’s emotional development. If the court finds the evidence presented is sufficient to make such a determination, it must then enter orders necessary to protect the child.”

Courts have held that this standard contemplates both present harm and potential harm — meaning a judge does not have to wait until a child is actually injured before acting. Importantly, an ongoing risk of harm is sufficient; in In re Marriage of Hipes, 2023 IL App (1st) 230953, the court upheld a finding of serious endangerment based on a parent’s longstanding pattern of substance abuse and risk of relapse, even without a specific recent incident during parenting time. The concern must nonetheless be credible, documented, and substantial.

Examples of conduct that Illinois courts have found to meet this standard include:

  • A pattern of intoxication during or before parenting time
  • Domestic violence, even when the child is not the direct target
  • Exposing the child to unsafe third parties or violating existing protective orders
  • Severe, unmanaged mental health issues that impair the ability to care for the child
  • Documented drug abuse with evidence of risk during parenting time

On the other hand, courts generally will not impose restrictions based on minor schedule disputes, differences in parenting philosophy, or dislike of a new partner — without credible evidence of actual risk to the child.

Understanding the Burden of Proof

The burden of proof in a restriction case is preponderance of the evidence. This means the party seeking to restrict the other parent’s time must show that it is more likely than not — greater than 50% — that the serious endangerment standard has been met.

This is a meaningful threshold. Vague concerns, rumors, or one-sided characterizations of events are typically not enough. Illinois courts expect organized, credible, admissible evidence. Strong evidence in these cases often includes:

  • Police reports and criminal complaints
  • Medical or psychological evaluations
  • School records or therapist notes documenting observed harm or behavioral changes
  • Text messages, voicemails, or emails documenting threats or admissions
  • Photographs documenting injuries or unsafe conditions
  • Testimony from neutral third parties such as teachers, coaches, or healthcare providers

If you are the parent seeking a restriction, your case should be built on documented patterns — not isolated incidents — supported by as many independent sources as possible.

If you are the parent facing a restriction request, you have the right to contest the evidence and present your own. Courts are clear that parenting time is not meant to be a vehicle for punishing a parent — it exists to serve the child’s best interests. An experienced attorney can help you challenge overreaching claims and present your case effectively.

What Restrictions Can a Court Order?

If the court finds serious endangerment by a preponderance of the evidence, it has a range of tools available. Restrictions must be narrowly tailored to address the specific risk — not used as a broad punishment. The Appellate Court has confirmed that examples of restrictions include “a termination of visitation, a prohibition on overnight visitation, or a requirement of supervised visitation.” In re Parentage of K.E.B., 2014 IL App (2d) 131332. They may include:

  • Supervised parenting time with an approved supervisor
  • Elimination of overnight visits
  • Therapeutic visitation conducted with a counselor present
  • Neutral, third-party exchanges
  • Conditions requiring sobriety testing
  • Restrictions on who may be present during parenting time
  • Requirements to complete treatment programs for substance abuse, domestic violence, or other issues

Can Restrictions Be Lifted?

Yes. Restrictions are not permanent. Under 750 ILCS 5/603.10(b), a court may modify a restriction order if, after a hearing, it finds by a preponderance of the evidence that modification is in the child’s best interests — either because of a change in circumstances after the restriction was entered, or because of conduct the court was not previously aware of.

In practice, courts often use a graduated step-up approach: supervised daytime visits may expand over time to unsupervised visits, then overnights, as the restricted parent demonstrates compliance, completes required programs, and shows stability.

What This Means for You

Whether you are seeking to protect your child or defending your right to meaningful parenting time, understanding the serious endangerment standard is critical. The law sets a deliberately high bar for restricting parenting time because courts recognize that a child’s relationship with both parents is presumptively in their best interest.

If you believe your child is at risk, document everything, organize your evidence, and speak with a family law attorney before taking any unilateral action. Withholding parenting time without a court order — even with good intentions — can expose you to contempt proceedings and undermine your credibility in court.

If you are facing a restriction request, the same advice applies: respond strategically, comply with all existing orders, and work with counsel to present a clear, documented picture of your role in your child’s life.

This blog post is for general informational purposes only and does not constitute legal advice. Every case is different. If you have questions about your specific situation, please contact our office to schedule a consultation.

At The Child and Family Law Center, LLC, we are committed to protecting the best interests of children and guiding parents through the legal process with clarity and compassion. Contact us today to speak with an experienced Illinois family law attorney.

Supporting Disabled Adult Children in Illinois: Post-Majority Obligations Under the Marriage and Dissolution of Marriage Act

One of the most challenging questions families face during or after a divorce involves the financial support of a child who cannot become self-supporting due to a disability. In Illinois, the law provides a specific mechanism to address this circumstance by allowing courts to order continued support even after a child reaches the age of majority.

Statutory Framework: 750 ILCS 5/513.5

Unlike the general child support provisions of the Act, which terminate when a child turns 18 (or 19 if still in high school), section 513.5 of the Illinois Marriage and Dissolution of Marriage Act grants the circuit court discretionary authority to award financial support for a non-minor child with a disability who has attained the age of majority but is not otherwise emancipated.

Under § 513.5:

  • A petition for support may be filed before or after the child reaches majority.
  • The key legal prerequisites include:
    • the child has a mental or physical impairment substantially limiting a major life activity;
    • that disability arose while the child would have been eligible for minor support under sections 505 or 513; and
    • the child is not otherwise emancipated.

The statute allows awards to be paid to a parent or, importantly in special needs planning, to a trust established for the sole benefit of the adult child, including special needs trusts recognized under federal and Illinois trust law.

What Courts Consider

Section 513.5 directs the court to weigh equity and necessity by evaluating several factors, including:

  • present and future financial resources of both parents (including retirement savings);
  • the standard of living the child would have enjoyed absent the divorce;
  • the child’s own financial resources; and
  • any public benefits available to the child (such as SSI or Medicaid programs).

These considerations differ from the more formulaic approach used for minor support under the Income Shares Model, and give courts broader discretion to tailor awards based on individual needs and family circumstances.

Timing and Case Law: In re Marriage of Moriarty

A key question practitioners face is when a petition for support under § 513.5 must be filed. In In re Marriage of Moriarty(2024), the Illinois First District Appellate Court clarified that a petition for adult disabled child support is not untimely simply because it was filed after the child turned 18.

In that case, a 21-year-old autistic adult who could not live independently was denied support by a trial court on timeliness grounds. The appellate court reversed, holding that § 513.5 permits petitions to be filed after majority where the disability arose during the child’s minority and the child was not otherwise emancipated. This decision reinforces that reaching age 18 does not automatically bar a support application under the statute.

Practical Issues in Post-Majority Support

Establishing Disability: A successful petition must demonstrate that the adult child’s condition qualifies as a disability under the statute. Medical records, educational history, and expert testimony often play a critical role in proving both the existence and onset of the disability.

Emancipation and Independence: A child’s inability to live independently and provide for basic needs is a central factor. Courts generally view emancipation not merely as a chronological milestone but as a function of actual capability.

Modification and Termination: Like minor support, an award under § 513.5 can be modified with a substantial change in circumstances—such as a significant change in the adult child’s condition or parental financial status.

Coordination with Benefits: Care is required when structuring payments to avoid jeopardizing eligibility for public benefits. Using trusts for benefit-preserving planning is common in practice.

Conclusion

Illinois recognizes that disability does not end at age 18. The Marriage and Dissolution of Marriage Act provides a legal pathway for continued parental support where an adult child is disabled and dependent. By grounding petitions in the statutory criteria and current case law, practitioners can help clients navigate this nuanced area of post-majority support while balancing parental obligations with the long-term care needs of disabled adults.

If you’d like, I can tailor this article further for a client audience (more plain language) or for attorney colleagues (more case law and practice tips).

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llinois Law on Bullying and Cyberbullying in Schools

1. Statutory Framework: School Code Bullying Prevention

In Illinois, bullying prevention in schools is governed primarily by the Illinois School Code (105 ILCS 5/27-23.7), which requires all public school districts, charter schools, and non-sectarian private elementary and secondary schools to adopt and implement a comprehensive anti-bullying policy. 

Mandatory Anti-Bullying Policies

Under state law:

  • Every district and qualifying school must create, maintain, and implement a written policy on bullying that is filed with the Illinois State Board of Education (ISBE). 
  • These policies must be based on the model bullying prevention policy developed by ISBE and must include specific procedural elements. 
  • Schools must review and re-evaluate their bullying policies at least every two years and revise them as necessary. 

Key procedural requirements include:

  • Clear definitions consistent with state law (see below). 
  • Procedures for reporting bullying incidents, including anonymous reporting options. 
  • Investigation processes and timelines for responding to reports. 
  • Notification of parents/guardians of all students involved in alleged incidents. 
  • Interventions and disciplinary consequences, including counseling or restorative measures. 
  • Prohibitions on retaliation against individuals who report bullying. 

Recent amendments (Public Act 103-0047, effective June 2023) added protections and procedural requirements such as mandatory posting of bullying policies online and expanded definitions to cover additional protected categories like socioeconomic status, physical appearance, academic status, pregnancy/parenting, and homelessness. 

2. Definitions: What Counts as Bullying/Cyberbullying

Bullying

Illinois defines bullying — including cyberbullying — in the School Code as severe or pervasive conduct that is:

  • Directed at a student or students; and
  • Has, or can be reasonably predicted to have, one or more of the following effects:
    • Reasonable fear of harm to the student or the student’s property;
    • Substantially detrimental effect on the student’s physical or mental health;
    • Substantial interference with academic performance; or
    • Substantial interference with participation in school services or activities. 

Bullying may include harassment, threats, intimidation, stalking, physical violence, public humiliation, destruction of property, or retaliation for reporting bullying. 

Cyberbullying

Cyberbullying is treated within the definition of bullying and is defined as bullying conducted through technology or electronic communication. This includes but is not limited to:

  • Electronic mail;
  • Internet communications;
  • Instant messages;
  • Social media posts;
  • Other digital platforms or devices. 

Illinois law is explicit that cyberbullying includes communications made electronically that meet the bullying definition — meaning online conduct that disrupts a student’s education or causes physical or mental harm. 

Furthermore, bullying policies must prohibit cyberbullying even when it occurs off school grounds or on personal digital devices, if the conduct causes a substantial disruption to the educational process or orderly operation of a school. 

3. Protected Characteristics

Illinois anti-bullying laws require policies to prohibit bullying based on both actual and perceived traits, including but not limited to:

  • Race, color, religion, sex, national origin, ancestry;
  • Physical or mental disability;
  • Military status;
  • Sexual orientation or gender identity/expression;
  • Unfavorable discharge from military service;
  • Association with a person or group with one or more of these characteristics;
  • Other distinguishing characteristics. 

This aligns with broader nondiscrimination principles to ensure students are protected from harassment related to identity or personal traits. 

4. School Responsibilities and Enforcement

Under Illinois law, schools must not only prohibit bullying and cyberbullying, but also take active steps in prevention and response:

  • Schools must investigate all reported incidents and determine whether the conduct is within the school’s jurisdiction. 
  • Schools must inform parents/guardians promptly, and under newer law within 24 hours in many cases, of incidents involving their children. 
  • Schools are required to offer support services such as counseling, restorative practices, and social-emotional skill building. 
  • Policies must include provisions to protect individuals who report bullying from reprisal or retaliation. 

School districts are monitored by the Illinois State Board of Education to ensure compliance with these policy requirements. 

5. Criminal Law: When Bullying/Cyberbullying Becomes a Crime

Beyond school disciplinary processes, some forms of bullying and cyberbullying conduct may constitute criminal offenses under Illinois law:

Harassment Through Electronic Communications

  • Illinois criminal law makes it a crime to harass another person using electronic communications, including devices like computers and smartphones. 
  • A first offense may be charged as a Class B misdemeanor (up to six months in jail). 
  • Repeat violations or cases involving minors can elevate charges to a Class A misdemeanor or even a Class 4 felony with possible prison time. 

Cyberstalking

When electronic harassment is repeated or threatening, it may qualify as cyberstalking, a criminal offense:

  • Cyberstalking is typically charged as a Class 4 felony and can increase to a Class 3 felony for repeat offenses. 
  • These penalties include imprisonment and substantial fines. 

Hate Crime Enhancements

If cyberbullying or cyberstalking is motivated by bias against a protected characteristic, it may be charged as a hate crime, which carries stiffer penalties, especially if the conduct occurs in or near a school. 

6. Practical Steps for Parents and Schools

To implement Illinois law effectively:

  • Parents should review their child’s school bullying policy and ensure they understand reporting procedures. 
  • Schools should train staff on policy enforcement and documentation of incidents. 
  • When criminal conduct is suspected, schools must notify local law enforcement as appropriate. 

Conclusion

Illinois has a robust legal framework addressing bullying and cyberbullying in schools that blends school policy requirements with criminal law protections. Schools must adopt comprehensive policies, prohibit bullying based on broad protections, respond promptly to incidents, and work with families to support affected students. In some cases, cyberbullying conduct may also trigger criminal charges under state harassment or cyberstalking laws.

If you’d like, I can also provide a sample letter to send to a school principal about alleged bullying or cyberbullying incidents.

Special Needs Divorce

Special Needs Divorce Considerations in Illinois: What Families Need to Know

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Divorce is complex under any circumstances. When a child or dependent adult has special needs, however, the legal, financial, and practical considerations multiply. Illinois law provides some tools to help families protect vulnerable dependents, but these cases require careful planning to avoid unintended consequences—especially involving government benefits, long-term care, and decision-making authority.

Below is an overview of the key issues attorneys, parents, and caregivers should evaluate in an Illinois special needs divorce.

1. Allocation of Parental Responsibilities and Parenting Time

Illinois courts decide parenting issues based on the best interests of the child. When a child has special needs, courts often look more deeply at:

  • Each parent’s history of involvement in medical and therapeutic care
  • Ability to coordinate with providers and schools
  • Understanding of the child’s diagnosis and treatment plan
  • Stability of housing and access to services
  • Willingness to cooperate on complex care decisions

In some cases, one parent may be allocated a greater share of decision-making authority for healthcare or education if continuity is critical.

Parents should consider:

  • Detailed parenting schedules that account for therapy, medical equipment, or fatigue
  • Transportation logistics for specialized services
  • Emergency medical protocols

2. Child Support Beyond Age 18

Illinois allows child support to continue into adulthood when a child has a disability that prevents self-support.

Potential support may include:

  • Ongoing financial support
  • Payment of uncovered medical expenses
  • Contributions toward housing or supported living programs
  • Vocational or life-skills training

Unlike traditional child support, these obligations may last indefinitely depending on the child’s condition and ability to live independently.

3. Protecting Government Benefits

One of the biggest risks in special needs divorce cases is accidentally disqualifying a child from needs-based public benefits such as:

  • Supplemental Security Income (SSI)
  • Medicaid
  • Waiver-based residential or in-home services

Direct child support payments or asset transfers to the child can jeopardize eligibility. Instead, families often use:

Special Needs Trusts

These trusts allow funds to be used for the child’s supplemental needs without counting as a disqualifying asset.

Structured Support Language

Divorce decrees should carefully specify:

  • Whether support is paid to a trust
  • Who administers funds
  • Permitted expenditures

This is an area where coordination between family law attorneys and special needs planning attorneys is essential.

4. Medical Decision-Making and Guardianship Planning

As children with disabilities approach adulthood, parents must evaluate whether guardianship or less restrictive alternatives are appropriate.

Issues to consider include:

  • Whether the child can manage medical decisions
  • Ability to consent to services
  • Financial decision-making capacity

Divorce agreements should address:

  • Who will pursue guardianship (if needed)
  • Whether co-guardianship is feasible
  • How legal fees and responsibilities will be divided

5. Education and Transition Planning

For school-aged children, Individualized Education Programs (IEPs) and transition plans are central to long-term success.

Divorcing parents should plan for:

  • Who attends IEP meetings
  • How educational disputes will be resolved
  • Post-secondary transition planning (ages 14–22 in Illinois special education systems)

Consistency is especially important for children with autism spectrum disorders, developmental delays, or complex medical needs.

6. Insurance and Long-Term Care Planning

Special needs cases often require enhanced attention to insurance issues, including:

  • Maintaining private health insurance when possible
  • Coordination with Medicaid secondary coverage
  • Life insurance to secure long-term support obligations
  • Funding mechanisms for future residential or day programs

Some divorce settlements include mandatory life insurance naming a special needs trust as beneficiary.

7. Adult Disabled Dependent Support

Illinois courts may order financial support for adult disabled children, including housing, food, and medical care. Courts typically consider:

  • The adult child’s financial resources
  • Parents’ financial abilities
  • Caregiving needs and costs
  • Public benefit eligibility

These orders are highly fact-specific and often require expert testimony.

8. Drafting Matters: Why Precision Is Critical

In special needs divorce cases, vague language can create serious problems. Orders should clearly define:

  • Duration of support
  • Payment mechanism (trust vs. direct payment)
  • Responsibility for therapies and uncovered medical costs
  • Future dispute resolution procedures

Small drafting mistakes can result in loss of benefits or future litigation.

Conclusion

Special needs divorce cases require a hybrid approach that blends family law, disability law, public benefits planning, and long-term financial strategy. With careful planning, parents can structure divorce agreements that protect both the child’s daily needs and long-term stability.

Families navigating these cases benefit from early coordination between legal counsel, financial planners, and special needs advocates. The goal is not just dissolving a marriage—it is preserving continuity, dignity, and support for a vulnerable dependent for years to come.

Special Needs Divorce in Illinois: Protecting What Matters Most

Divorce is never easy. When a child or dependent adult has special needs, the stakes are even higher. Parents are not only navigating the emotional and financial impact of divorce — they are also working to protect critical services, long-term care plans, and financial support systems their child may depend on for life.

At our firm, we understand that special needs divorce cases require more than standard family law representation. They require careful coordination, detailed planning, and a deep understanding of how Illinois law intersects with disability planning and public benefits.

Why Special Needs Divorce Cases Are Different

Every divorce involves decisions about parenting, finances, and the future. In special needs cases, those decisions must be made with additional layers of consideration, including:

  • Protecting eligibility for government benefits like SSI and Medicaid
  • Planning for care and financial support into adulthood
  • Coordinating medical, educational, and therapeutic decision-making
  • Ensuring long-term housing and life-care stability

Even well-intentioned divorce agreements can accidentally disrupt benefits or services if they are not structured correctly.

Child Support May Continue Into Adulthood

In Illinois, support for a child with disabilities may extend beyond age 18 — sometimes indefinitely. Courts can order support that covers:

  • Living expenses
  • Medical and therapy costs
  • Supported housing or residential programs
  • Vocational and life-skills services

These cases require detailed financial analysis and often collaboration with medical or vocational experts.

Protecting Government Benefits Is Critical

Many families rely on needs-based programs such as Supplemental Security Income (SSI) and Medicaid. Improperly structured child support or asset transfers can disqualify a child from these essential programs.

One common solution is using a special needs trust, which can:

  • Hold child support or settlement funds
  • Pay for supplemental quality-of-life expenses
  • Preserve eligibility for public benefits

Drafting in these cases must be precise. Small wording mistakes can have major long-term consequences.

Parenting Plans Must Reflect Real-World Care Needs

For children with special needs, parenting plans often need to address:

  • Therapy schedules
  • Medical equipment needs
  • Transportation to specialized providers
  • Consistency and routine requirements

Courts focus heavily on which parent can best support the child’s ongoing medical and developmental needs.

Planning for Adulthood Starts Early

As children with disabilities approach adulthood, families may need to consider:

  • Guardianship or supported decision-making
  • Adult disabled dependent support
  • Transition planning from school to adult services
  • Long-term housing and care arrangements

Divorce agreements should address who will manage these transitions and how decisions will be made.

Why Experienced Legal Guidance Matters

Special needs divorce cases sit at the intersection of multiple legal areas:

  • Family law
  • Public benefits law
  • Estate and trust planning
  • Disability rights and advocacy

A coordinated legal strategy can help ensure your child’s services, care, and financial security remain protected both now and in the future.

Our Approach

We work closely with families to:

  • Structure support to protect benefit eligibility
  • Coordinate with financial planners and special needs planning attorneys
  • Draft detailed, durable agreements that reduce future conflict
  • Focus on stability, continuity, and long-term protection for your child

You Don’t Have to Navigate This Alone

If you are facing divorce and have a child or dependent adult with special needs, early planning can make a meaningful difference in your child’s future.

Our team is here to help you understand your options and build a plan that protects what matters most.

Parenting Coordination

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Parenting Coordination serves two purposes:

  • To educate parents to problem solve and work through their disagreements.
  • To make decisions when the parents can’t or won’t.

Parenting Coordination starts with a court order or written agreement for these services. Whatever document is used it is important that it be as specific as possible. Rule 909 clearly outlines what the P.C. can and cannot do. Section 909 informs as to the duties of a P.C.

  • Assists coparents with clarifying, implementing, and complying with their parenting plan.
  • Helping co-parents reduce their misunderstanding, clarify priorities, explore possibilities for compromise, and develop methods of collaboration in parenting their children.
  • Educating coparents about their children’s needs in order to make timely and appropriate decisions in a manner consistent with the children’s developmental and psychological needs.
  • Timely resolving conflicts that may arise concerning parenting plans in order to reduce the amount of damaging conflict between coparents to which children are exposed and diminish a pattern of unnecessary re-litigation about child related issues.

Basis for the appointment of a Parenting Coordinator. Following the entry of an order of a parenting plan or prior to entry if approved by a court, after considering the allegations or evidence of intimate partner violence where one coparent has exhibited or continues to exhibit or continues to exhibit patterns of violence, threats, intimidation, and coercive control over a coparent, a parenting coordinator may be appointed by the court when deemed in the best interests of the child (ren) due to any of the following:

  • The coparents have failed to adequately cooperate and communicate about issues involving their children.
  • The coparents have been unable to implement the existing parenting plan or parenting schedule.
  • Mediation has not been successful or has been determined by the court to be inappropriate.
  • The agreement of the coparents; and
  • For such other reason as the court deems appropriate that does not exceed the authority under this Rule.

Duties of the Parenting Coordinator. A Parenting Coordinator facilitates the resolution of conflict among coparents regarding an existing parenting plan in a marital dissolution, parentage or post judgment case to”

  • Monitor parental behaviors, including the compliance or lack thereof, with orders entered in their case by the court.
  • Mediate and make recommendations with respect to, disputes between the coparents upon request of a coparent or court order.
  • Make recommendations to the coparents for outside resources as needed and/or guidelines or rules for communication between the coparents.
  • Document allegations of noncompliance for the court; and
  • Make recommendations to the court upon proper notice and petition.

A parenting coordinator is authorized to make specific recommendations regarding the existing parenting plan including, but not limited to:

  • The time, place, and manner for the pick-up or drop off of the children in relation to the coparent’ designated parenting time or nonparent visitation.
  • Disputes regarding the extent nature of the children’s participating in educational and extracurricular activities including payment of expenses;
  • Minor alterations of parenting time or non -parent visitation to accommodate changes in schedule or availability of the child or coparent, including make-up time if permitted by prior court order;
  • Holiday scheduling
  • Discipline and problematic behavior issues;
  • Health and personal care issues;
  • Any other specific issues assigned to the parenting coordinator by the court or agreed by the coparents that does not exceed the authority under this Rule.

Off Limits to the Parenting Coordinator:

A parenting coordinator shall not make recommendations as to:

  • Allocation of parental responsibilities for decision making;
  • Initial allocation of parental responsibilities for parenting time and any allocation of parenting time beside minor alterations in paragraph E.
  • Relocation;
  • Establishing visitation by a nonparent, or
  • Child support, spousal maintenance, or the allocation of property or debt of the marriage;

How is the Parenting Coordinator Paid?

The parties shall pay the parenting coordinator fees, which may include a retainer fee, as ordered by the court upon consideration of the financial resources of the parties or agreed upon in writing by the parties and the parenting coordinator. If parties cannot afford to pay for a parenting coordinator, the court may appoint a parenting coordinator from the Domestic Relations Division’s approved roster at a reduced fee or pro bono basis.

 Tips for Working with your Parenting Coordinator

1.Don’t spend the time telling the Parenting Coordinator everything that happened in your marriage, the divorce litigation, mediation and all the terrible things about your spouse.  

2. Be prepared for your meetings. Bring an agenda if that helps you to be organized. 

3. Be clear about the issues you want the Parenting Coordinator to address?

4. Prioritize the issues that are most important to your children.

5. Focus on your children’s needs.

6. The Parenting Coordinator is not your therapist.

For a consultation regarding your divorce, post-decree or other family law related matters please contact our office at (312)-640-0500 or email me at mmoran@grundlaw.com

Divorce Involving Special Needs Children: Legal Considerations Under Illinois Law

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Divorces involving children with special needs present distinct legal and practical challenges. Family law practitioners in Illinois must navigate not only the traditional aspects of custody (now referred to as “allocation of parental responsibilities”), parenting time, and support, but also the unique needs of these vulnerable children whose care often requires additional planning, resources, and long-term considerations.

Allocation of Parental Responsibilities and Parenting Time
Under Illinois law (750 ILCS 5/600 et seq.), courts must allocate parental decision-making authority in four key areas: education, healthcare, extracurricular activities, and religious upbringing. When a child has special needs, healthcare and education decisions become particularly significant.
Judges often look for highly detailed parenting plans that address:
• Coordination of medical care, therapies, and educational services (including IEP or 504 Plan meetings).
• Transportation logistics for medical appointments or therapy sessions.
• Consistency in therapeutic interventions and treatment plans.
• Plans for emergency medical situations.
• Specialized childcare or supervision needs.
Courts expect parents to demonstrate a clear understanding of the child’s current and future needs. A failure to address these details may lead to additional litigation or modifications post-divorce.

Child Support and Special Needs
Illinois calculates child support using an income shares model (750 ILCS 5/505). However, when a child has special needs, courts may deviate from the standard formula to account for extraordinary expenses such as:
• Ongoing medical treatments
• Therapies (occupational, speech, behavioral, etc.)
• Specialized equipment and adaptive technology
• Private education or specialized programs not covered by public services
• Respite care or personal attendants
Practitioners should present detailed evidence of these expenses, including documentation from medical providers, therapists, and educational professionals.


Support Beyond Age of Majority
Illinois law (750 ILCS 5/513.5) allows for the continuation of child support beyond the age of majority if the child is physically or mentally disabled and not otherwise emancipated. This is a crucial provision for families of children with lifelong care needs.
Attorneys should help clients consider:
• The potential need for adult guardianship or powers of attorney.
• Coordination with government benefits such as SSI, Medicaid, and vocational services.
• Establishing a special needs trust to preserve eligibility for public benefits while providing supplemental resources.

Guardianship and Decision-Making in Adulthood
As a child with disabilities reaches adulthood, parents may need to pursue adult guardianship under the Illinois Probate Act (755 ILCS 5/11a). This can ensure that parents (or designated guardians) retain the legal authority to make critical decisions on behalf of the child.

Collaborative Approaches and Expert Involvement
Divorces involving special needs children often benefit from collaborative law, mediation, or the inclusion of child specialists, medical experts, and financial advisors. The involvement of a special needs planner can help families navigate complex financial and legal structures such as:
• Special needs trusts (third-party and first-party)
• ABLE accounts
• Long-term care planning

Conclusion
For Illinois family law practitioners, cases involving children with special needs require heightened diligence, a thorough understanding of both family and disability law, and a commitment to long-term planning. Attorneys must help their clients anticipate not only the immediate post-divorce period but also the evolving needs that may extend well into adulthood.

The Minor’s Right to Confidentiality under Illinois Law

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Parents are often shocked at how much control their minor child has over their mental health records. In a post-dissolution of marriage proceeding, the petitioner mother sought to restrict the father’s parenting time with their minor child based on allegations that the father would continue to interfere with the medical services necessary for the child’s mental health. The father moved for production of the child’s medical, psychiatric, psychological, and school records, and the mother objected based on the child’s statutory privilege to keep the requested records confidential and objected to disclosing the records to his father. The trial court denied the father’s entire request for production of the child’s records. The Appellate Court addressed the issues that arise in the context of divorce and post-decree matters, specifically a minor’s right to deny access to his or her mental records, whether in the context of mental health treatment by private practitioners as well as in a therapeutic day school.

The minor was seeing a therapist and attended a therapeutic day school. Father sought both the entire school records as well as the private treatment provider’s records. Mother and the child representative were both in possession of the records. The minor objected to the disclosure of these records to the father.

The Appellate Court addressed two certified questions regarding these issues. The issues raised by the modified certified questions of law are whether a trial court, in a proceeding related to a petition to restrict parenting time under section 603.10 of the Marriage Act, (750 ILCS 5/603.10 (West 2018), where the allegations involve the mental health of a child who is at least 12 but under 18 years old, may deny a parent based on the provisions of the Confidentiality Act or the best interests of the child(1) the ability to discover otherwise relevant evidence concerning the child’s mental health and therapeutic school records on the ground that the child in question does not want the evidence disclosed to one parent; (2) the ability to discover the child’s medical records concerning the child’s mental health and school records from a therapeutic school even though those records are relevant to the proceedings and the parent is entitled to have access to those records pursuant to the parties’ allocation parental allocation judgment; and (3) access to the child’s mental health and therapeutic information that the child’s representative has reviewed.

The father in this case, argued that he wasn’t seeking records from the therapist but from his former wife. The court found that the father cannot avoid the effect of the child asserting his privilege against disclosure by seeking the documents from another source besides the therapist. The court further held that this privilege is not absolute and looked to the statute for clarity.
Section 4(a)(3) of the Confidentiality Act provides:
§ 4. (a) The following persons shall be entitled, upon request, to inspect and copy a recipient’s records or any part thereof:
(3) the parents of a recipient who is at least 12 but under 18 years, if the recipient is informed and does not object or if the therapist does not find that there are compelling reasons for denying the access. The parent or guardian who is denied access by either the recipient or the therapist may petition a court for access to the record. Nothing in this paragraph is intended to prohibit the parent or guardian of a recipient who is at least 12 but under 18 years of age from requesting and receiving the following information: current physical and mental condition, diagnosis, treatment needs, services provided, and services needed, including medication, if any [.] (Emphasis added.) 740 ILCS 110/4(a)(3) (West 2018).

The court ruled that the father in this case was entitled to the limited information that is outlined in the statute but nothing more after petitioning the court for that access. The fact that the entire record was disclosed to the mother, or the child representative does not nullify the child’s objection to the same information to the father.

The father also sought records from the therapeutic day school where his child attended asserting that he was entitled to education records under the terms of the Allocation Judgment. The court recognized the ambiguity created by the records kept by a therapeutic school and reasoned as follows:
Section 5(f)(1) of the Student Records Act recognizes the patient-therapist privilege and keeps confidential information communicated in confidence to a psychologist or other psychotherapist, school social worker, school counselor or school psychologist intern who works under the direct supervision of a school social worker, school counselor, or school psychologist. This list of protected communications includes information communicated in confidence to a teacher of an academic subject at a therapeutic school. 105 ILCS 10/5(f)(2) (West 2020). “Construing the provisions of the Student Records Act and the Confidentiality Act harmoniously, we conclude that privileged records and communications under the Confidentiality Act do not include a minor’s grades, grade level, academic assessments, and similar information, even if that child attends a therapeutic day school. Consequently, a trial court cannot deny a parent access under section 4(a)(3) of the Confidentiality Act access to the non-privileged school records of a minor child who attends a therapeutic day school, even if that child, who is at least 12 but under 18 years of age, objects to the parents request to inspect and copy those records. Furthermore, the trial court may conduct an in-camera review to ensure that the child’s therapeutic school’s records do not contain any privileged information concerning the child’s mental health services beyond the limited information regarding the child’s current physical and mental condition, diagnosis, treatment needs, services provided, and services needed, which the parent is entitled to receive. 740 ILCS 110/4(a)(3) (West 2018).

Divorce Checklist

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It is not uncommon for someone to consult with our office when they are just beginning to contemplate the possibility of divorce. Often, they want basic information about the legal process and their rights as well as advice on how to prepare for such a major life event. My clients have found it helpful to have a checklist that they can have on hand as a reference. It has been my experience that being organized helps in developing a plan and is useful in calming some client’s anxiety. Below is a checklist and although it is something that may vary from case to case it does provide a framework for people contemplating divorce.

Checklist

  1. Your child or children’s names and dates of birth. If there are special needs considerations that will impact aspects of the divorce it is important that those are detailed to your lawyer.
  2. Date and location of marriage or civil union.
  3. Your spouse’s name and employer.
  4. Information regarding your spouse or your being self-employment where applicable.
  5. Your employer’s name. Current income.
  6. The last three years of your tax returns. Mortgage statements on the marital residence.
  7. A copy of any prenuptial or postnuptial agreements.
  8. A summary of your debts.
  9. Vehicles.
  10. A list of property including retirement accounts owed before the marriage.
  11. A list of property, including retirement accounts accumulated during the marriage.
  12. Expenses for the children. (e.g. tuition, camps, tutoring)
  13. Vacation property.
  14. A list of any stock, stock options or investment accounts.
  15. An estimated monthly budget that should include all costs including utilities, insurance. This is an important tool in determining what the financial future holds for you and your family.
  16. An inventory of the personal property in your home. (e.g. art, furniture, electronics)

Non-Financial Issues

  1.  Mental Health concerns for either party that will impact parenting time or decision making.
  2. Health concerns.
  3. Parenting Plan proposals.
  4. Decision Making (shared, sole)
  5.  Post-divorce plans and vision for what post-divorce life will look like for your family.

            Not all of these things will be resolved immediately. Divorce is a process. It is always best if the parties can work together on these matters but that isn’t always possible. Regardless of the posture of your case it is essential that both parties be fully informed about the financial and child related issues in order to make the best decisions for the family.

            If you are exploring the possibility of divorce, already committed to divorcing or have post-decree issues please feel free to contact our office for a free consultation. Our office is dedicated to advocating for the best outcomes for children and families. Call (312)-640-0500 or email me at mmoran@grundlaw.com.  Consultations are available in person or by Zoom. Safety protocols are followed.

WHAT TO DO IF YOUR CHILD IS ARRESTED?

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Summer is upon us and as a general rule this is a time when our office gets calls from parents regarding their teenager or young adults arrest or questioning by police.

Have this discussion now. One time is not enough. Here are some Frequently Asked Questions that I hope will educate you and your teenager.

What should my teenager do if they are stopped by the police?

  • Be respectful.
  • Keep your hands out of your pocket and visible to the police.
  • Tell your child to provide his or her identification to the officer when asked.
  • Provide the insurance information and registration if they are driving.
  • Give them the name of your parents.
  • Politely but firmly indicate that they have been told by their parents not to answer any questions. Ask them to call your parents or an attorney. Have them state that they will not answer any questions. This is hard for most young people. It is very common even when they know that they shouldn’t talk to the police for them to give great detail or even sign a written statement. Police can be intimidating and often will promise that if the young person tells them what happened they won’t be arrested.
  • The police are not your friend.

Do I have to be present if my child is questioned? Not necessarily. Students are often questioned at school and describe to school officials the details of the incident. They are not “in custody”. Students should be instructed to ask to call a parent before being questioned at school.

However, Illinois law requires police to “immediately make a reasonable attempt to notify the parent” after a minor is taken into custody.

Should I consult an attorney? The answer is yes. The stakes are high and parents should not attempt to play lawyer. Be very cautious about urging your child to tell an officer everything and as a result waiving their rights. This isn’t the time to teach your child a lesson.

Can my teenager or young adult with a disability be arrested? Yes.

How can I prepare my child? If your child has a disability it is essential that you prepare them for interactions for police contact. Parents are often shocked that their child with autism or other developmental disabilities can be questioned by police and arrested. Some families I work with have a script that their teen can practice regarding police contact. It is helpful that this “script” include a checklist of what to do. Autism/Advocacy Network aane.org has a downloadable wallet card that an individual with autism can carry and provide to police.

If your child has been arrested, ticketed, or you are concerned that they will be facing legal consequences please call our office for a consultation at (312)-640-0500.            

Co-Parenting in the Age of Coronavirus

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There is no road map that allows us to provide hard guidance on how to manage parenting during this difficult time. Families are in unfamiliar territory. However, there are some things that hopefully will help you navigate co-parenting.

  1. Follow existing court orders. Parents must follow existing court orders. This is scary advice for clients who may feel that the other parent is not practicing social distancing practices. Courts are not generally hearing these cases at the moment. In Illinois most courts are closed until mid-May with the exception of emergencies. Common sense would indicate that if one parent has been exposed to COVID-19 then act responsibly even though it may violate the parenting plan. If a child or other family is at high risk medically that may impact how parenting time is exercised, don’t be arbitrary and act responsibly. Your failure to act in good faith during this time will be used against you in the future.
  2. Modifications. If you do decide to modify the existing Parenting Plan, I suggest you get this modification in writing. This can be done with your attorney by drafting a stipulation amending the existing schedule and signed by both parties.
  3. Be Flexible. Many of us including attorneys are working remotely. Some families are now faced with the challenge of working while home schooling and dealing with children home all day every day.  If possible support the other parent during this time to allow you both the option of working and supporting the education of your children.
  4. Keep communication neutral. Resist the desire to lash out at your ex at this time. Stay focused on the kids and the logistics of what needs to be done.
  5. Prioritize the Financial Needs of your child. If one parent loses a job or becomes unable to work due to illness or temporary closures this will require a rethinking of support and payment obligations.
  6. Parental contact. In some situations in person contact may be limited. Use Skype, Zoom or Face Time to ensure regular contact with the other parent. It is important for your family.

Apps for Divorcing Parents

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FAQ: Why use a co-parenting app?

It centralizes communication and helps with organization. Even for divorcing or divorced parents it has been my experience that the apps provide a less emotional vehicle for communication. Using an app can also limit the he said, she said phenomenon.

            FAQ: What can an app do to help with scheduling?

Most apps provide an ability to use a shared calendar and allow you to provide notice to the other parent in the event of a schedule change. I represent many families with children who have special needs. Often the scheduling complexities of outside therapies, doctor’s visits are daunting to intact families. In divorced families, managing the scheduling is even more daunting. An app that gives a calendar and notifications regarding changes is essential and reduces the stress of constant communication.

            FAQ: My ex and I share expenses for our two children. Are there apps that track expenses?

Yes. Not all apps have an expense tracker, but most do. The list of common apps and their features is listed below.

            FAQ: My wife has been very verbally abusive on the phone when we discuss anything to do with our kids. Can an app help eliminate the tension or the constant fighting via phone or text?

The answer is yes. The apps aren’t perfect and for someone who is constantly angry they may not resolve that completely. However, I have been involved in high conflict divorces where the court may order that all communication ( with the exception of an emergency) be conducted through an app. This does reduce much of the free-floating anger and allows for more detached communication.

Apps for Coparenting

Our Family Wizard

A divorce couple created the Our Family Wizard platform to help keep communication between co-parents as harmonious as possible. Each parent has their own account, and can then add as many third party, child accounts and professional accounts as the require at no extra cost. Attorneys and mediators are examples of third- party accounts. There is an option extra called a ToneMeter. This is designed to pick up on negative tones in a message and giving you an alternative that’s less likely to start an argument. It also tracks and logs communications, providing access to accurate records that may be used in court proceedings.

Costs: $99.00 per year with a thirty- day money back guarantee. Each parent must subscribe. The ToneMeter is available for an additional $10.00 charge annually.

Talking Parents

Talking Parents is an app that is free for the basic subscription. It has fewer options even with the upgrades at an additionally monthly cost. This app is a good option for parents who want to an ability to communicate with a secure system that allows the parties to keep a record of communications.

Cozi

Cozi is a free co-parenting app that allows you to set up shared calendars, create to do-lists, share photos and other information. The basic version is free. It can be shared with anyone who needs to access the shared calendar and other information. Upgrades are available.

Coparently

  • Shared Calendar
  • Tracks Expenses
  • Mobile Access

Cost is $99.00 per year per parent.

Most of the apps offer a free-trial period. Determine which one works for your situation. Discuss the use of the app with the other parent. The courts in high conflict situations may require parties to utilize apps for communications and this is often incorporated into a court order.

If you are contemplating divorce or struggling to co-parent with the other parent or want advice on how to proceed legally to achieve the best outcomes for you, your children and family. Call me to discuss how our firm can assist you in this journey. (312)-640-0500 or via e-mail at mmoran@grundlaw.com.

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