From Atty Michael Gearhart–important new legislation

Dear Readers;

There also seems to be a disconnect of some sort in Family Court.  For some reason, I have heard from Ms. GC that she was never declared unfit, yet she has filed motion after motion to see her children and the judge simply won’t grant a motion for visitation or parenting time!

So this bill is important, please contact Atty Michael Gearhart if you are interested in having this bill passed to protect competent, caring parents.

From: “Michael Gerhardt (GGH LAW)”
Sent: Mar 14, 2014 8:01 AM
To: ‘JoAnne M Denison’
Subject: RE: FW: Springfield or Bust – Thursday, March 20, 2014 ****VERY FRICKIN IMPORTANT****

Headed to court for myself right now.  (I have special 8:30 AM or 5:00 PM calls)  Here is a link:  http://www.ilga.gov/legislation/BillStatus.asp?DocNum=5425&GAID=12&DocTypeID=HB&LegId=80301&SessionID=85&GA=98

Here is the synopsis:

Synopsis As Introduced
Amends the Illinois Marriage and Dissolution of Marriage Act. To the list of purposes of the Act, adds: (i) continuing existing child-parent relationships; and (ii) recognizing that the involvement of each parent for equal time and not less than 35% of residential parenting time per week is presumptively in the children’s best interests. Provides that the court shall allocate parenting time according to the child’s best interests and that it is presumed that it is in the child’s best interests to award equal time to each parent. Provides that unless the parents present a mutually agreed written and notarized parenting plan within 90 days of both parties filing an appearance, the court shall allocate parenting time. Provides that it is presumed that both parents are fit and the court shall not place any restrictions on parenting time unless it finds by clear and convincing evidence that a parent’s exercise of parenting time would seriously endanger the child’s physical, mental, moral, or emotional health. Provides that in cases where the court finds that it is not in the best interests of the child for the parents to have equal time or that it is not possible for both parents to share time equally, a minimum of 35% residential time per week should be ordered for the non-custodial parent. Provides that the non-custodial parent may waive his or her right to a 35% minimum residential time per week. Provides that parents may agree to an alternate parenting schedule, subject to the court’s approval. Provides that the term “visitation” includes parenting time. Provides that the parties shall implement an order allocating parenting time no more than 60 days after the entry of the order. Makes corresponding changes.

mgearhart@gghlaw.net

Mick
Michael D. Gerhardt
Law Offices of
Gerhardt & Haskins LLP
730 West Randolph Street
Chicago, Illinois 60661
312-334-9021

NEW FAX: 312-284-4815

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