Did you know that Illinois is poised to drastically change its family law structure? No? Well, apparently there aren't a lot of other people who did either. Last year, the Illinois House of Representatives passed a resolution (H.R.1101) sponsored by Speaker of the House Michael J. Madigan that created the Illinois Family Law Committee. This committee is charged with analyzing the nearly 30 year old family law structure within our State and to determine if it is time to revise it. During the two public hearings held in the Chicago metro area last month, fewer than 50 people showed up for the public hearings. These meetings were primarily comprised of judges, State law makers, family law attorneys, domestic abuse advocates, and child support advocates.
Advocates for non-custodial parents were few at best. The American Coalition of Fathers and Children's Executive Director, Michael McCormick is residing on the board as a member, and there was an excellent speech given by the Children's Rights Council of Illinois' own Michael Doherty supporting increased parental time for the traditional non-custodial parent. Overall, the speakers at each meeting gave great evidence in support of need for increased parenting time and responsibility.
But this is where the discussion of increased parenting time ends. On page 32 of The Task Force on the Family in Our Society Report issued by the Illinois State Bar Association (ISBA), the highly influential association in Illinois Law, states, "The concept of Joint Custody as a panacea for spousal contest in the raising of children has not been successful, particularly where spouses have not been adept at agreeing in other areas of their lives."
Of course, Illinois State Law doesn't permit Joint Custody situations when both parents don't agree, so it's easily argued that the opinions of the ISBA are based on a clear lack of information. Certainly, not everyone agrees with this opinion. Our neighbors in Iowa, as a standard, have authorized Joint Physical Parenting, or a near equal division of time the children get to spend with each parent. They have implemented Joint Legal Custody or the ability to be involved in the decisions about your child as well. Minnesota also defaults to a Joint Legal Custody position in divorces.
In the public hearing in Chicago, Judge Edward Jordan of the Cook County Circuit Court stated, "Joint Custody, yes, I think there's a Latin Phrase for it, 'It Sucks'". Consider the callousness of such a statement. This mindset creates a situation where one parent can effectively lose their rights to be a significant part of their children's lives on the whim of the other parent. As long as one of the two doesn't agree, that is grounds for sole custody under current law.
It is time to change our laws. Let us bring back both parents into our children's lives. Revamp our "Children's First" course to show how to parent in situations were parents disagree ("Joint Custody with a Jerk" by Julie A. Ross and Judy Corcoran). We need to teach that the time a child spends with a parent (both parents) is their most precious and most influential time they will spend in their lives. Parenting is not easy, it takes work, but it can be done, even in divorce situations. Let us as a State not stand in the way of that monumental and most important influence on our children.
About the Author: Ian Mitchell is an equal parenting advocate following his divorce in Illinois in 2005. He is a co-founder of Illinois Fathers, a not for profit corporation within Illinois determined to provide assistance to non-custodial parents through local meetings, online advocacy and to alter the political landscape in Illinois in support of equal parenting rights. Most importantly, he is a father of three young children who he takes great pride in spending as much quality time with as he can.
Advocates for non-custodial parents were few at best. The American Coalition of Fathers and Children's Executive Director, Michael McCormick is residing on the board as a member, and there was an excellent speech given by the Children's Rights Council of Illinois' own Michael Doherty supporting increased parental time for the traditional non-custodial parent. Overall, the speakers at each meeting gave great evidence in support of need for increased parenting time and responsibility.
But this is where the discussion of increased parenting time ends. On page 32 of The Task Force on the Family in Our Society Report issued by the Illinois State Bar Association (ISBA), the highly influential association in Illinois Law, states, "The concept of Joint Custody as a panacea for spousal contest in the raising of children has not been successful, particularly where spouses have not been adept at agreeing in other areas of their lives."
Of course, Illinois State Law doesn't permit Joint Custody situations when both parents don't agree, so it's easily argued that the opinions of the ISBA are based on a clear lack of information. Certainly, not everyone agrees with this opinion. Our neighbors in Iowa, as a standard, have authorized Joint Physical Parenting, or a near equal division of time the children get to spend with each parent. They have implemented Joint Legal Custody or the ability to be involved in the decisions about your child as well. Minnesota also defaults to a Joint Legal Custody position in divorces.
In the public hearing in Chicago, Judge Edward Jordan of the Cook County Circuit Court stated, "Joint Custody, yes, I think there's a Latin Phrase for it, 'It Sucks'". Consider the callousness of such a statement. This mindset creates a situation where one parent can effectively lose their rights to be a significant part of their children's lives on the whim of the other parent. As long as one of the two doesn't agree, that is grounds for sole custody under current law.
It is time to change our laws. Let us bring back both parents into our children's lives. Revamp our "Children's First" course to show how to parent in situations were parents disagree ("Joint Custody with a Jerk" by Julie A. Ross and Judy Corcoran). We need to teach that the time a child spends with a parent (both parents) is their most precious and most influential time they will spend in their lives. Parenting is not easy, it takes work, but it can be done, even in divorce situations. Let us as a State not stand in the way of that monumental and most important influence on our children.
About the Author: Ian Mitchell is an equal parenting advocate following his divorce in Illinois in 2005. He is a co-founder of Illinois Fathers, a not for profit corporation within Illinois determined to provide assistance to non-custodial parents through local meetings, online advocacy and to alter the political landscape in Illinois in support of equal parenting rights. Most importantly, he is a father of three young children who he takes great pride in spending as much quality time with as he can.