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Table of Contents

List of Forms by Chapter

Chapter 1 — Initial Structuring of the Custody Case

Chapter 2 — Settlement of the Child Custody Case: The Art of Custody Warfare

Chapter 3 — Investigation and Discovery

Chapter 4 — Jurisdiction for Original Custody and Removal of Child from State of Illinois

Chapter 5 — Child Custody Mediation

Chapter 6 — Temporary and Permanent Custody

Chapter 7 — Change of Custody Proceedings — Temporary and Permanent

Chapter 8 — Expert Testimony, Psychological Testing, and the Interface of the Mental Health and Developmental Disabilities Confidentiality Act in Custody Matters

Chapter 9 — Appeals in Custody and Visitation Cases

Chapter 10 — The Role of the Child’s Representative, Attorney for the Child, and Guardian ad Litem in Custody Litigation

Chapter 11 — Child Custody and Visitation by Nonparents

Chapter 12 — Illinois Supreme Court Rules and Their Impact on Custody Proceedings

Authors

Shannon R. Burke
Shannon R. Burke
Shannon R. Burke is an associate in the Chicago office of Schiller DuCanto & Fleck LLP, where she concentrates her practice in family law appeals. Ms. Burke is also an adjunct professor of law at DePaul University College of Law and teaches appellate advocacy. She has a monthly column in the Chicago Daily Law Bulletin. Prior to joining Schiller DuCanto & Fleck LLP, she was a judicial law clerk to Michigan Supreme Court Justice Marilyn Kelly and Illinois Court of Appeals Justice P. Scott Neville. Ms. Burke is a member of the Chicago and Illinois State Bar Associations, the State Bar of Michigan, and the Appellate Lawyers Association. She received her B.A. from the University of Illinois at Urbana-Champaign and her J.D. from the Michigan State University College of Law.
Sara L. Busche
Sara L. Busche
Sara L. Busche is a family law attorney with Gitlin, Busche & Stetler in Woodstock. Previously, she was a social worker for Lutheran Social Services of Illinois, worked with family law clients with the Legal Aid Bureau, and, during law school, served as the American Bar Association’s Law Student Division Seventh Circuit Governor. Ms. Busche is a contributing author to Gitlin on Divorce Reports. She is a member of the American, Illinois State, and McHenry County Bar Associations. She received her B.A. from Purdue University and her J.D. from The John Marshall Law School.
Rhonda E. de Freitas
Rhonda E. de Freitas
Rhonda E. de Freitas practices family and matrimonial law in the Law Offices of Chicago-Kent with emphases on child custody and visitation issues, property settlements, and collaborative divorce. Prior to joining the Chicago-Kent faculty in January 2008, Professor de Freitas was Of Counsel at Jenner & Block LLP, where she worked exclusively on family law and matrimonial matters. Her practice included postdivorce litigation, child custody disputes, business valuation and forensic accounting, prenuptial and postnuptial agreements, and pro bono child protection cases. Before that, she dealt with all aspects of divorce law as an associate at Beermann Swerdlove LLP and also was a solo practitioner in Northfield, concentrating in family law. She received her B.A. from Florida International University and her J.D. from Loyola University Chicago School of Law.
Michael G. DiDomenico
Michael G. DiDomenico
Michael G. DiDomenico is a Partner in the firm Lake Toback Attorneys in Chicago, where he concentrates his practice in matrimonial and family law. He received his B.A. from DePaul University and his J.D. and LL.M. cum laude from The John Marshall Law School.
Joy M. Feinberg
Joy M. Feinberg
Joy M. Feinberg is a Partner with Davis Friedman, LLP, in Chicago, where she practices family law. Ms. Feinberg has been a recipient of the Samuel Berger Award and has been included in the list of Illinois Best Lawyers and Super Lawyers. She is a member of the American College of Family Trial Lawyers and the American Academy of Matrimonial Lawyers. Ms. Feinberg received her J.D. from DePaul College of Law and her B.A. from the University of Illinois.
Kyle F. Fraccaro
Kyle F. Fraccaro
Kyle F. Fraccaro is a Partner at Davis|Friedman in Chicago, where he concentrates his practice in family law. Mr. Fraccaro is a member of the Illinois State, American, and Northwest Suburban (Chicago) Bar Associations and is a graduate of the Houston Family Law Trial Institute. He received his undergraduate degree from Beloit College and his J.D. from IIT Chicago-Kent College of Law.
Lynn A. Gaffigan
Lynn A. Gaffigan
Lynn A. Gaffigan is a mediator and consultant in conflict management in private practice in Lake Forest. Her clients include families, businesses, and government agencies. Ms. Gaffigan is on the Continuing and Professional Education Faculty at DePaul University, where she trains attorneys, mental health professionals, business managers, and financial advisors in mediation and conflict management, including the 40-hour Family and Divorce Mediation Training Certificate Program. She has also been an adjunct faculty member of Loyola University Chicago’s Executive Education Department and DePaul University School of Law. She is an Advanced Practitioner member of the Association for Conflict Resolution and a Past President of its Chicago-area Chapter. She also served as Cochair of the Chicago Bar Association Alternative Dispute Resolution Committee and as an officer and Director of the Mediation Council of Illinois. She was nominated by her peers as a Leading Lawyer in the areas of Family Law Alternative Dispute Resolution and Employment Law Alternative Dispute Resolution. Ms. Gaffigan received her undergraduate degree from the University of Colorado and her J.D. from Emory University School of Law.
Gunnar J. Gitlin
Gunnar J. Gitlin
Gunnar J. Gitlin's firm, The Gitlin Law Firm, P.C., in Woodstock, exclusively handles family law cases. Mr. Gitlin has lectured nationally and in Illinois for organizations including the Law Education Institute in Colorado, IICLE^®, the American Academy of Matrimonial Lawyers (National and Illinois, with his most recent presentation being the caselaw update for the Columbus Day 2009 Seminar), the American and Illinois State Bar Associations, the Illinois Attorneys General, various local bar associations (including DuPage County, Kane County, Northwest Suburban, McHenry County, Lake County, and Winnebago County), the DePaul University Graduate School of Taxation, and the Northern Illinois Law Review Symposium. Mr. Gitlin is also listed with Best Lawyers in America and as an Illinois Leading Lawyer and Super Lawyer in the area of family law. As a Fellow of the American Academy of Matrimonial Lawyers, he has been a member of the Board of Directors of the Illinois Chapter from 1997 through 2003 and again from 2007 through 2010. He is currently a Vice President of the Board of Directors and the Cochair of the Continuing Legal Education Committee for the Illinois Chapter. In 2007, he was honored with the Michael S. Cohen award “for continuing commitment and contribution to the professional education of matrimonial lawyers” and was also given the President’s Special Recognition Award by the Illinois Chapter of the AAML. Mr. Gitlin is a member of the Illinois Appellate Lawyers Association, the Collaborative Law Institute of Illinois, and the International Academy of Collaborative Professionals. He received his B.A. from Kenyon College and his J.D. from the University of Chicago Law School.
Paulette M. Gray
Paulette M. Gray
Paulette M. Gray, formerly with The Gitlin Law Firm, P.C., in Woodstock, now practices with the Law Offices of Paulette M. Gray, LLC, in Crystal Lake, where she concentrates her practice in family law. Previously, she worked for a Chicago legal aid services provider, handling family law matters for indigent clients. Ms. Gray serves on the Board of Managers for the Illinois Chapter of the American Academy of Matrimonial Lawyers. She served ten years as a member of the Illinois State Bar Association’s Family Law Section Council and as Chair of the section in 2008 – 2009. She is a member of the McHenry County Bar Association (President in 2008 – 2009), the American Bar Association, and the Illinois Appellate Lawyers Association. She was named a Super Lawyer by Super Lawyers magazine in 2009 and 2010 and was named one of the Top Lawyers in Illinois by Leading Lawyers Network magazine. She is a frequent lecturer for the Illinois State Bar Association and IICLE^® and has contributed articles to the ISBA Family Law Section newsletter. Ms. Gray received her B.A. from the University of Minnesota and her J.D. from The John Marshall Law School, where she was active in the moot court program and was a national finalist in the International Space Law Competition in Washington, DC.
Chris S. Haaff
Chris S. Haaff
Chris S. Haaff is the owner of the Law Office of Christopher Haaff, in Crystal Lake, where he focuses his practice on family law. He is a member of the Illinois State Bar Association and has spoken and written about family law for IICLE®, the Illinois State Bar Association, and other groups and publications. Mr. Haaff earned his B.A. cum laude from Greenville College and his J.D. from the University of Illinois College of Law.
Robert J. Kritzmire
Robert J. Kritzmire
Robert J. Kritzmire, formerly a Partner in the Chicago firm Davis|Friedman, now practices with Robert J. Kritzmire, P.C., in Chicago, where he concentrates his practice in family law. He is a member of the American, Chicago, and Illinois State Bar Associations and of the Schiller DuCanto & Fleck Family Law Center Advisory Board at DePaul College of Law. He received his B.A. from the University of Michigan and his J.D. from DePaul University College of Law, where he was a Managing Editor of the DePaul Law Review.
Steven R. Lake
Steven R. Lake
Steven R. Lake is a Partner in the firm Lake Toback Attorneys in Chicago, where he concentrates his practice in matrimonial and family law, with experience in cases involving complex custody issues, financial strategies, business valuations and tax issues, and paternity. His clients include sports and media figures, business leaders, physicians, and other professionals, as well as spouses of high-net-worth individuals. In addition to writing for IICLE^®, he has written for treatises including West’s MODERN TRIALS and is the author of two popular books — HEARTS AND DOLLARS: HOW TO BEAT THE HIGH COST OF FALLING IN AND OUT OF LOVE and REMATCH: WINNING LEGAL BATTLES WITH YOUR EX. He has lectured for organizations including the American Trial Lawyers Association, The John Marshall Law School, and the University of Colorado School of Law. Mr. Lake has served on the Board of Managers of the American Academy of Matrimonial Lawyers and is a member of the Illinois State Bar Association Family Law Section. He received his B.A. from the University of Illinois and his J.D. from the University of Colorado School of Law.
Steven N. Peskind
Steven N. Peskind
Steven N. Peskind is the Principal of Peskind Law Firm based in St. Charles, Illinois. His firm concentrates in family law matters throughout the State of Illinois. He is a Fellow of the American Academy of Matrimonial Lawyers and is an elected member of the American Law Institute and the American Bar Foundation. Mr. Peskind has also been elected as a diplomate of The American College of Family Trial Lawyers, which is a select group of 100 of the top family law trial lawyers from across the United States. He recently served on the Illinois Family Law Study Committee working to improve Illinois family laws. Mr. Peskind is a faculty member of the Family Law Trial Advocacy Institute, presented annually in Boulder, Colorado, by the ABA Family Law Section in conjunction with the National Institute of Trial Advocacy. Mr. Peskind also serves on the faculty of the Oklahoma State Bar Family Law Section Trial Institute. He speaks nationally on a variety of family law topics. He has been the keynote speaker for several state family law presentations and has spoken at conferences on such diverse topics as evidence, trial techniques, practice management, and divorce taxation. Mr. Peskind has written four books in addition to this IICLE® handbook: THE FAMILY LAW TRIAL EVIDENCE HANDBOOK, DIVORCE IN ILLINOIS, 100 DAYS BEFORE TRIAL, and IICLE®’s THE CHANGING FACE OF ILLINOIS FAMILY LAW: 2016 MARRIAGE AND DISSOLUTION OF MARRRIAGE ACT OVERHAUL. Mr. Peskind has also written numerous papers, chapters, and articles (including three academic law review articles) for various professional journals, conferences, seminars, books, and bar associations (including the ISBA, AAML, ABA, and others). In 2005, Mr. Peskind was inducted into Scribes, a legal writing honor society. He has been recognized as one of the Best Lawyers in America; the Leading Lawyers Network has designated him a Leading Lawyer since 2003; Super Lawyers has recognized him as a Super Lawyer since 2008; and in 2015, Best Lawyers honored him with the award of Family Lawyer of the Year in Chicago. Mr. Peskind received his B.A. from Tulane University and his J.D. from DePaul University College of Law.
Emily J. Rapp
Emily J. Rapp
Emily J. Rapp is a Partner at McSwain, Nagle, Giese & Rapp P.C., in Wheaton, where she concentrates her practice in family law. Rapp is a member of the Kane County Bar Association, the DuPage County Bar Association, and the Illinois State Bar Association. She earned her J.D. from Loyola University Chicago School of Law.
James L. Rubens
James L. Rubens
James L. Rubens is the Managing Partner in the Chicago firm Davis|Friedman, where he concentrates his practice in family law. He has lectured extensively concerning family law, child custody, and financial issues related to dissolution before several organizations, including the American Academy of Matrimonial Lawyers, IICLE^®, and the Illinois State Bar Association. Mr. Rubens has appeared on the Today Show and has been quoted in various newspapers on family law topics, including the New York Times. Leading Lawyers Network named Mr. Rubens among the top five percent of lawyers in Illinois in 2003. He is a member of the Chicago and Illinois State Bar Associations and the Chicago Council of Lawyers. He received his B.A. from the University of Illinois and his J.D. from DePaul University College of Law.
Sarane C. Siewerth
Sarane C. Siewerth
Sarane C. Siewerth, a Partner with Schiller DuCanto & Fleck LLP in Chicago, heads the firm’s Appeals and Research Department, which focuses on client matters that involve the investigation into, and argument on, issues of law, primarily the prosecution or defense of an appeal of a trial court ruling to the appellate court or Supreme Court of Illinois. She is the author of various articles in the Illinois Bar Journal and the American Bar Association Family Advocate and is also a frequent speaker on issues such as international child abduction, child custody, and new developments in family law. A former judicial law clerk with the Illinois appellate court and current member of the Appellate Lawyers Association, Ms. Siewerth has taught appellate advocacy at The John Marshall Law School and has been on the faculty of several appellate writing workshops and seminars. She is a member of the Illinois State and American Bar Associations. She has been named as a Best Lawyer in America, a Leading Lawyer, and a Super Lawyer for several years. She received her B.S. and M.A. from Northwestern University, studied at Jesus College, Oxford, England, and received her J.D. from The John Marshall Law School.

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Child Custody Litigation (ARCHIVED 2010 EDITION & 2013 SUPPLEMENT)

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Shannon R. Burke

Sara L. Busche

Rhonda E. de Freitas

Michael G. DiDomenico

Joy M. Feinberg

Kyle F. Fraccaro

Lynn A. Gaffigan

Gunnar J. Gitlin

Paulette M. Gray

Chris S. Haaff

Robert J. Kritzmire

Steven R. Lake

Steven N. Peskind

Emily J. Rapp

James L. Rubens

Sarane C. Siewerth

Child Custody Litigation (ARCHIVED 2010 EDITION & 2013 SUPPLEMENT)