Kevin R. Johnson, Chicago Divorce Attorney, Custody Attorney, Parent's Rights

When you are considering which attorney to trust with your family law case, ask any potential attorney if he or she will give you their cell number.  If she or he says that they would prefer that all calls go through the office number, ask them how you can reach them on a weekend or after hours when you have a question. That is a very important discussion, because family law involves many last-minute decisions made after hours or on weekends.  If you are going to face those after-hours or weekend decisions alone, without being able to obtain your attorney's advice and counsel, you should know in advance. If you would like to discuss your situation, I would welcome your call to my cell number. It is 312-493-4241.  (7 days/week and after hours.) - Kevin Johnson

In Cook County, Illinois (the Chicago area) the attorneys write almost all of the court orders, and the judges sign or 'enter' them. Many times, an opposing attorney will present me with a proposed 'judgment' or 'order' that contains what attorneys call 'boilerplate.'  Boilerplate is paragraph upon paragraph of language that another attorney has on his or her computer, and that will often be called 'standard' language. Despite what you might hear, there is actually very little  standard language in divorce or custody orders.  Other times, I'll be presented with paragraphs that sound OK, but that are almost sure to lead to expensive litigation at some time in the future. I divide possible order and judgment paragraphs into those that are 'aspirational' and those that are 'enforceable,' and try to eliminate all aspirational language during negotiations.  What I mean by aspirational are those paragraphs and sentences that ...

When you hire an attorney to represent you, it's important to give him or her the facts they'll need to represent you.  The unvarnished, no-spin facts.  I can usually sniff out the difference, and if I can't immediately, it isn't long before the real story comes out.  Sometimes, it's difficult for a client to let down the walls and tell the attorney both the good and the bad about the current situation. In a family-law case, facts are very  important -- sometimes more important that using correct law.  The facts can impact the judge's perception of which parent should have possession of a child, who should pay money to who, and how the case should be resolved. The facts -- especially dates, times and places -- can also affect what laws are likely to apply to a particular situation.  Everything you tell your attorney in private is absolutely privileged and confidential -- unless you disclose that you are planning to commit violence or cause physical harm...

Do you feel that you're living a nightmare?  A custody or parenting-time battle is  a nightmare, and it's very difficult to break free of the mind-numbing, soul-draining struggle, to feel that you can breath some fresh air. There is hope, though.  I sometimes say that the 'toolbox' that people use against each other in custody and divorce cases is a very-small one.  These self-taught practitioners of the 'dark arts' of psychological warfare use just the top tray in the toolbox -- a limited number of tactics, used over and over (and over.)  A few examples: (Bad) Ask the children where they want to live, or with whom they'd like to spend time, (Bad) Have the children communicate or negotiate scheduling changes with the other parent, (Bad) Ask the children what they and other the parent are doing during parenting time,  (Bad) "Listen" to the children talk about their time with the other parent, or (Bad) Schedule activities onto the other parent...

It is always important for me to have a clear understanding with clients about our respective roles.  I often use the analogy of airline pilot and a passenger:  I'm like an airline pilot -- I am "in charge" of getting to the destination, my client is like an airline passenger, and is my source of detailed information on what destination (goal) should be pursued.  I must decide how to achieve those goals -- to get to the client's destination.  So, just like a passenger on a airliner can't come into the cockpit, grap the steering yoke and try to fly the plane, my client can't be "in charge" of the case.  For example:  Does my client want to have his child live with him?  Get the child back from another state?  Prevent ongoing interference with his parenting time?  Make a parenting schedule more clear, prevent misunderstandings about school and health decisions, or otherwise lower the volume and temperature of the case?  Or are there safety...

It is amazing how much time, energy and money is expended on disputes between spouses, partners, ex-spouses and ex-partners when children are involved.  Some of these examples lend themselves to easy resolution, but there is often a momentum to the court case that seems unstoppable.  Some examples of these common disputes: Late pickups or dropoffs of the children for parenting time. Failure to cooperate in allowing one parent to call children while in the company of other parent. Last-minute cancellations or disruptions to parenting time. Parenting-time schedules that are so variable or unclear that they lead to disputes and misunderstanding (or deliberate manipulation). Use of the children to pass information, announcements, questions and comments between the parents. One parent's obligation to contribute toward the children's medical and dental expenses incurred by the other parent. Accusations about late or missing child-support payments. I have seen more of these disputes...

When you are looking for an attorney to represent you in a custody, divorce, child abduction, parenting interference or other family-law case, you should be sure that the attorney who provides the 'initial consultation' is actually going to represent you -- if you choose that law firm.  If the firm assigns an attorney to interview you, but that attorney is not going to represent you in your case, it's a big problem.  That 'interviewing attorney' could make promises.  But it's easy to make promises, or talk tough, or spout strategy, when you know you're not going to be the attorney responsible for the actual work!  So, ask the attorney interviewing you:  If I hire your firm, will you promise to be the one representing me ?  See what answer you get. If you meet with me, and if we decide to work together, rest assured that I will represent you.  I will not make promises just to secure your business.  I will give you my honest assessment of you...

If you're involved in a custody or divorce (or child support) case against someone who should  be sharing income or property with you, and who is claiming no income or who you're sure is being paid cash 'under the table,' you need help in proving that phantom stream of income.  One way is by working from the other side of things, identifying bank accounts, expenses and assets -- using the power of subpoenas to banks and others, demands for depositions, and the analytical power of financial professionals to deconstruct the web of lies and fabrication being spun by the other side. If you'd like to talk about this, please call my cell # 312-493-4241 seven days a week.  I'll schedule you for a no-obligation, $50 analysis, where I'll do my best to answer all of your questions and to map out a possible strategy for your case. - Kevin Johnson    312-493-4241    www.divorce.nu

Children must be protected by their parents from all harm, including exposure to the misuse of alcohol and other legal drugs, and the use of illegal drugs.  If a custody, divorce or parenting-time case involves allegations of drug use, one simple way to start clearing up the facts is to have the parties give a urine sample for a '10-panel' drug screen.  This type of test, performed by a toxicology lab, can provide very-clear evidence of drug use -- and help clear up false allegations.    While alcohol quickly metabolizes and direct evidence is lost, there is a metabolite - a chemical - that will show alcohol consumption for about 80 hours back.  Sometimes, a test on a Monday after a weekend of parenting time can be revealing! If you have questions about a case involving children, custody, parenting-time  or divorce, please give me a call on my cell # 312-493-4241   7 days/week. - Kevin J. www.divorce.nu

Any list of horrible tactics used in Cook County Circuit Court divorce and custody cases must include this:  The controlling parent's use of the children as weapons to gain emotional, financial or parenting leverage over the other parent. One example:  The controlling parent says, "I really want Brian to have a relationship with Sally, but I think it's up to Sally whether she wants to spend time with him."   This clever (abusive) tactic tries to deflect any blame from the controlling parent, make the non-controlling parent do all of the work. The controlling parent can make it seem that non-controlling parent must somehow earn the child's approval for an expansion (or resumption) of parenting time.   Meanwhile, the controlling parent makes it clear to the child what is expected:  She's expected to say, "I'm happy being with Mommy and Bruce (new husband) -- I really don't want to spend time with Daddy." In other words, the controlling pa...

I sometimes have opposing attorneys complain that I take too much time, in the courtroom hallway, to talk with my clients and to review the details of proposed settlements or proposed court orders (which are often offered at the last minute in family-law cases, sometimes outside the courtroom as we're waiting to be called before the judge for a contested hearing or trial).   I consider that criticism to be a badge of honor. I do believe in careful and obsessive attention to detail -- and in planning for the future.  For example, a parenting schedule that says, "Every other weekend" had better give a starting date for the rotation, or there is sure to be conflict months later as one of the parties gets confused (or feigns confusion) about which weekend is the 'every other'  -- maybe seeking disruption around the time that the other parent has begun a new relationship or started  a new job.  That uncertainty, real or faked, can greatly disrupt family plans and ...

When a parent receives a 'custody' petition or motion by a non-parent (grandparent, aunt or uncle, for example) it is important to consult with an attorney immediately .  The parent has important legal rights - including seeking to exclude that non-parent from the court case entirely - that could expire in just a few days after receiving the custody petition or motion. So timing is very important .  If you are a parent and have received a custody petition or motion from anyone, but especially from a non-relative, please consult with an attorney immediately.  You have important rights and defenses that may expire quickly if you don't take immediate action. Please call me  312-493-4241 if you'd like to talk about your situation.  That's my cell phone, available 7 days/week and after business hours. - Kevin Johnson

When you interview an attorney for a divorce or custody case, it's OK to ask how your 'deposit' or 'retainer' payment will be managed.  Standard procedure in Illinois should  be for the deposit to be placed in the attorney's trust account (called an 'IOLTA' account by attorneys, after the law governing those accounts) -- and then deducted bit-by-bit as the attorney presents you with billing statements and earns the money.  At the end of the attorney's work, the excess (unearned) fees are to be refunded to the client. Some attorneys use the 'advanced payment retainer' method, in which they put the deposit or payments directly into their operating accounts and pay the bills of running their practice -- this is permitted by Illinois Supreme Court rule, as long as the client is given some good reason for not depositing the money to a trust account.   Even using the 'advanced payment retainer' method,  an attorney must refund any unearne...

Choosing which attorney to represent you in your family-law matter is potentially life-changing, as you will be trusting your future (and your children's future in some cases) to that professional. You could try a few 'test questions' to see how comfortable the attorney is with the world of family law: 1.  Do you give your cell phone # to clients, to call you 7 days/week? 2.  When I pay you the initial deposit for my case, will it be placed in a trust account until you earn it? 2.  Have you handled a case similar to mine?  Please tell me about it. 3.  Do you handle 'UCCJEA' cases?  Please tell me about an interstate-custody can that you handled. If you would like to meet, and ask me these questions -- or many others, I'd be happy to talk with you.  My cell # is 312-493-4241.  Yes, I answer my phone 7 days/week! - Kevin Johnson     www.divorce.nu

If you are divorced, you are usually free to date, marry and have relationships with other people.  But, if you have children of your former marriage or relationship, you must be careful how you bring a new love interest into your life. As a Chicago divorce and custody attorney, I often deal with the results of careless behavior by well-meaning parents .  For example, a new 'girlfriend,' a new 'boyfriend,' or another adult brought into the household to be around the children.  My advice:  When dating, don't even expose the children to the new person for several months.  It's a mistake to bring the person home, introduce them to the children, and then have a new person in a month or two after you break up.  It cheapens relationships and commitment in the eyes of a child.  I call it ' invisible dating .' If you're going to bring home a new pet, you don't then dispose of that pet two months later after the children have formed an attachment to ...

I have seen many cases where a divorce judgment or custody order says the parents are to split 'non-covered' medical expenses for the children.   Then, one parent brings the other parent to court -- claiming they're in "contempt of court" for failing to pay their share.  Problem:  What is the amount of those "non-covered" expenses? Every time someone presents a medical-insurance card at a doctor's office, the insurance company will generate an 'Explanation of Benefits' form, also called an 'EOB.'  This form will list the original cost of the treatment or procedure, the discount granted to the insurance company (for being part of their network), the amount to the insurance company is going to pay, and the remaining amount.  It is this remaining amount, the patient's share, that is the true "non-covered" expense. So... if you have a judgment or child-support order, and the other parent is giving you an invoice or bill ...

When I meet with a prospective client for an analysis of their situation (for which I charge $50), I look at how I can bring their case to a conclusion.  After all, no one wants to be going to court over and over again, wasting valuable time and spending money unnecessarily.  So, from the very beginning, I try to determine exactly what the person's goals are.  Do they want a peaceful life, with the ability and freedom to parent their children without interference.  Do they want a steady, predictable financial situation, where child support or maintenance (alimony) checks arrive regularly.  Do they want a say in making important parenting decisions for their children?  Do they want freedom from interference with their parent-child relationship?  Do they need a full and complete accounting of all of the assets of the marriage, and a clear plan on how to proceed with dividing those assets and streams of income? If the goals of the representation are not...

To save time and money in your family-law case, it's essential to have some definite goals, and to proceed toward them as quickly and smoothly as possible.  From the 10,000-foot level, the goal might be to raise your children to be happy and well-adjusted, to have healthy and committed relationships as adults, and to need as little intensive therapy as possible (to undo the damage from your court case.)  As you zero in closer to the ground, the goals might involve obtaining the maximum-possible amount of parenting time, or obtaining a clearly-written holiday and summer-parenting schedule so you can enjoy and relax during those times that are supposed to be enjoyable and relaxing! If you haven't had a talk lately with your attorney about the goals of your case, it's like being in a taxi where the driver has only a vague idea where you want to go.  Have that talk! If you'd like to talk about your goals, please call my cell # at 312-493-4241 - seven days a week. - Ke...

I receive many calls from people who have been referred by others.  I am grateful to be trusted by those people who refer friends, relatives and co-workers, and I try to be helpful to all who call. To start with, I schedule an 'analysis,' for which I charge $50.  I meet the person at my office (500 N. Michigan) and look over all their court papers and other documents, and interview the person about the situation.  I then talk  about possible ways to move forward -- with strategy, tactics and a good sense of the goals that the person is pursuing.  I try to answer all of the person's questions. The person is under no obligation to hire me, and can take my recommendations and advice and think more about it, talk to other attorneys, and then make the decision of how to proceed (and who to trust with his or her case.) If you would like to schedule a $50 analysis of your situation, please call me anytime (7 days/week) at 312-493-4241.  

In Custody and Divorce cases, I have found that children are distracted in school, and often have trouble performing reliably.  Some of this is normal, and it's important not to overreact.  It would be tragic to give a child drugs unnecessarily.  Here's a recent New York Times article about the questionable rise in diagnoses of 'Attention Deficit Disorder.' http://www.nytimes.com/2013/12/15/health/the-selling-of-attention-deficit-disorder.html?pagewanted=all&src=ISMR_AP_LO_MST_FB&smid=pl-shar e

When you are interviewing an attorney and making the decision whether to trust your future, and possibly that of your child, to that professional, please pay close attention.  Are you being promised a particular outcome?  Actually, it is possible for an attorney to promise anything , in an initial interview, if he or she doesn't plan to be there at the end of the case - and won't have to deliver. Ask your prospective attorney what percentage of cases he or she actually finishes.  Having an attorney start a case by making promises to you, then ramping up the fees and making everything 'hot' with incendiary pleadings and accusations, announcing that he or she can't continue because he or she isn't getting paid and can't work for free - and finally filing a motion to withdraw just months or weeks before crucial dates (such as a trial) doesn't help you.  It wastes money.  It may poison your chances of working with the other party or parent on decision-ma...

When a parent is being deprived of contact or communication with a child, the cut-off parent's relatives and friends are often a source of emotional (and sometimes financial) support.  They cheer on the cut-off parent as he or she battles in court, seeking to protect the child's future.  However, sometimes an alienating parent will employ the tactic of 'co-opting' -- making a secret, side deal with one or more key supporters of the cut-off parent, to have secret visits with the child, with the condition that the cut-off parent not be told about this secret arrangement .    That secret?  That the supporter is now being freely given  the very thing the cut-off parent is hungering for -- visits and communication with the child!  The result is that the supporter suddenly  loses all energy for the fight .  They either retreat into the background or become actively hostile to the cut-off parent.  The cut-off parent is now faced with a sud...

psychological warfare n. The use of various techniques, such as propaganda and terror, to lower an enemy's morale. The American Heritage® Dictionary of the English Language, Fourth Edition copyright ©2000 by Houghton Mifflin Company. Updated in 2009. Published by  Houghton Mifflin Company . All rights reserved. --------------------------------------------- In my work in divorce and custody cases, I often represent and counsel people who are the victims of 'psychological warfare' tactics.  These tactics are used by opposing parties to break their opponents will or resistance -- in other words, to "take the fight out of them."   Some tactics include ingratiating or co-opting relatives or friends, giving the other person false or misleading advice, getting the person to distrust his or her own attorney, causing severe financial distress and hardship, and otherwise making the person's life miserable and nearly unbearable.  These tactics often cause...

There are several phrases that are often included in divorce judgments or other court orders related to children and parenting.  These sound innocent, and even good, at first glance, but they have been proven to be very-expensive when fights erupt over their meaning, and courtrooms are full of people fighting over court orders and divorce judgments that include phrases like this: REALLY BAD PHRASES  Visitation or parenting time " Every other weekend ."  Sounds OK, right?  Everyone should be able to figure out what weekend he or she has with the kids -- now add in some special occasions and holidays, a little swapping and trading (or banking) of a weekend or two, and now you've lost all track of what actual weekend each parent is supposed to have.  And what's worse, no court can really enforce language that is so vague. " Each party shall be responsible for paying 50% of the extracurricular activity expenses of the minor child ."  This one phrase, or ...

When you are looking to hire a Chicago custody and divorce attorney, what qualities do you seek?  Most attorneys will bill by the hour, give you an office phone number, provide monthly statement of hours worked,and give you copies of all incoming and outgoing documents.  So how can you differentiate between different Chicago custody and divorce attorneys?  Can you: be given a clear roadmap toward progress in your divorce or custody case? reach your attorney by cell phone, for questions or updates, 7 days/week? receive the first 6 minutes of any phone call with your attorney free? use interactive computer software to see and discuss documents in real-time to avoid unnecessary office visits? have confidence that psychological, legal and emotional variables are being considered? 

I am sometimes asked to help a parent whose child has been taken out of state or hidden by the other parent.  These are real-life dramas.  Not very long ago, a case was reported (in the Minneapolis Star Tribune) where a 5-year-old boy was abducted by his paternal grandparents, who then moved, changed their names and hid the child until he grew up.    Apparently the mother, whom they were hiding the child from, never got the professional help she needed to find and reclaim the child.

When dealing with the police in the context of a visitation or custody dispute, it's important to remember that they do Not want to answer a 'domestic' call.  That is, they do not want to come to you house, or to the residence of the other parent, and mediate or handle a dispute between two parents.  There are better ways to enforce your visitation or custody rights under Illinois law, and I would be happy to talk with you.

Attorneys have a duty to pursue a client's goals, within the limits of the law, court rules, and both written and unwritten ethical standards.  I often use the analogy of a taxi driver.  The attorney is the taxi driver, the client is the passenger.  You hop into my cab, I ask you where you want to go.  I can't drive my taxi around aimlessly with no destination. An attorney can't let a case drag on and on, just because he or she would make more money that way.  Also, the attorney should write clear, understandable agreements and court orders (yes, the attorneys usually write court orders for judges to sign), so that clients don't find themselves back in court fighting over the meaning of the words.  Not paying attention to wording  can destroy the finances of struggling families and children.   For example, a vague phrase like, "equally divide the holidays" can lead to months and years of expensive fighting.  I have plenty of examples of cle...

I am sometimes contacted by people whose cases have taken a bad turn.  It may be that the other side has obtained a favorable (for them) court order regarding the children, or obtained a money judgment against them, or convinced a judge that the person is in 'contempt of court.'  While I cannot always improve the situation, I welcome the chance to sit down for what I call "an analysis"-- looking over the paperwork, correspondence and court orders, and discussing the history of the case with the person, to determine what can be done. If there has been an unfavorable court order, it is very important to act quickly -- filing a 'motion to reconsider or vacate' within 30 days.  Doing it after 30 days pushes the cases into a different set of rules, and makes it less likely that a court will give serious consideration to overturning its previous ruling.  If I analyze your case, I will not dwell on past actions or strategies.  I don't find that to be productive...

How important are extracurricular activities for children?   Are they more important than spending time with a parent?  Some parents will schedule the children to attend lessons or activities that infringe on the other parent's parenting time.  The scheduling parent may offer the justification that they are simply giving the child or children a 'normal' life - but the other parent simply wants to spend uncluttered time with the child. Lessons or activities can be misused to wage psychological warfare at the expense of the child's emotional health!  One solution is to require that a parent's written consent (by email, for example) be required to step on his or her parenting time.  A parent is still free to schedule activities on his or her own time. My cell # is 312-493-4241, if you'd like to schedule a time to talk about your situation in detail. - Kevin J. www.divorce.nu

I sometimes represent victims of domestic violence and of domestic terrorism.  The victim may not be physically abused, but may be held hostage or dominated by the abuser in other ways.  One way is to earn a substantial living but give the spouse only dribs and drabs of money, essentially an allowance to buy food and what the abuser feels is necessary.  The victim then has to essentially beg the abuser for more money - handouts. The abuser may present to the world a polished, professional image, even earning promotions, awards and commendations -- all the while acting like a tyrant and terrorist at home.   If you have a roller-coaster life, are being dominated and held a financial prisoner by your spouse or partner, if your spouse has you convinced that you are the problem, twisting reality to try and portray you as a bad mother or father when you know (you know) better, you may actually be the victim of psychological abuse or domestic violence.