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

Here's a link to a 2018 New York Times article,  detailing how some people feel manipulated and controlled by their abuser, due to the existence of internet-connected devices in their home. These can include thermostats, Amazon Echo, Google home,  and other appliances that are  controllable through a smartphone app  or other internet means. Thermostats, Locks and Lights: Digital Tools of Domestic Abuse New York Times article If you are in an emergency situation, where your safety is being immediately threatened, you should call 911, or go to your family doctor, counselor or emergency room. If your children have witnessed abuse, they should be brought along to be interviewed. In the Chicago area, there are many, many resources for victims of domestic violence and their families, including free counseling, free shelters, free food and other assistance. If you would like to have a confidential discussion of your particular situation, please find a safe place where you c...

I meet many people who insist on talking with their children about the other parent's household. Parents who are separated think that they see their child's true personality and their unforced, natural behavior. In reality, under the tremendous performance pressure of passing back and forth between hostile households, children tailor their behavior, their words and actions, to the particular parent. For Dad, they talk negatively about Mom and appear reluctant to go to Mom's house.  For Mom, they complain about Dad's girlfriend, about Dad's strange behavior, about how bored they are at Dad's house and they express reluctance to go to Dad's house. It's a perfect storm of misinformation!  Both parents, hearing negative things about the other parent, believe that they are winning the war for their child's love and affection. Each of them believes that they are gaining and are now more likely to become the majority-time parent. The child, with full know...

The court system is built on the idea of due process, that is the idea that each side receives notice of court dates, and has an opportunity to be heard. Also, both sides should be present and involved in any argument or discussion before the court. Except in emergency situations. So, judges are usually not permitted to  communicate one-on-one with either party or their attorney about the case, without the other side or their attorney present, except for minor scheduling details. That is why it is not permissible to write a letter and send it to the judge about your case. If you have questions about court procedures or rules, or about the laws that apply to your case, please give me a call at 312-493-4241. - Kevin Johnson   Www.divorce.nu

Attorneys have a fiduciary duty to their clients. That word means they are held to the highest standards of trust. One problem can arise, however, when a messy family law case can generate more money for an attorney than a case that is running efficiently, with a clear goal at all times. That is known as a conflict of interest. It may lead you to Wonder if you're getting the best advice, toward your goal, instead of walking further into a mess that merely generates billing for an attorney. Family law is a very complex area of practice. If you would like a second opinion about an on-going case, please give me a call at 312-493-4241. - Kevin Johnson   Www.divorce.nu

If you believe in paying by the pound for legal documents, or if you believe that 40 pages must be better than 15 pages, I would like to talk with you. It may be that you have started to believe that legal language and legal writing is, by its very nature, incomprehensible to the average person. I would like to introduce you to plain language and clear writing. If the goal is to provide good enforceability of court orders, and to avoid problems and disputes due to misinterpretation or stretched interpretation, then plain, simple language is what you want. Kevin Johnson 312-493-4241

You interview with an attorney, a very friendly attorney. You hire that attorney. Now, whenever you call the attorney's office you get voicemail, or an assistant tells you that the attorney is in conference, in a meeting, away at court, or otherwise unavailable. You have a question, you'd like an answer. Sorry, you'll have to wait. Weekend? Forget it. Maybe you should hire an attorney who will give you his or her cell number. Someone who will answer your call 7 days a week, and answer your questions when they are fresh. I run a small law firm, but I like to say that I offer world-class customer service. In reality I simply give out my cell phone number, and then answer it when it rings. That should not be such an unbelievable concept, but it apparently is. If you'd like some answers for your situation, I can be reached at 312-493-4241. I mean I can actually be reached at that number. - Kevin Johnson   Www.divorce.NU

It may seem that saving on an attorney's fee during a divorce, custody, parenting time or child support case would be an economical way to go. Why not use the other side's attorney to draft documents and agreements and wrap up the process smoothly and quickly? The problem is that the attorney for the other side has an ethical Duty to represent only that party, and to make the best deal possible against the other side. It's called being a zealous advocate, and that is the very nature of being an attorney. To do otherwise would be unethical. So, it's not possible to know whether a particular paragraph or provision in an agreement or proposed order is fair, benefits you, or will actually work in the future, without having an experienced family law attorney review the language, completely independent of the other side's attorney. If you would like to discuss your case, I would be happy to schedule an analysis. Please give me a call, 7 days a week at 312 493-4241. Kevi...

If you are involved in family law litigation, any kind of other court case, or you anticipate you will be, it's time to start saving and organizing documents in paper form. You might think you have everything saved electronically, but sometimes electronic records can disappear or the access to your pay stubs is blocked when you leave your job. Keep them secure, even if you have to use a locked storage unit. Download and print your bank statements, your pay stubs, make copies of bills, rent receipts, grocery bills, School invoices, you never know what will be important later. Organize documents in reverse chronological order,  with the most recent ones on top. You can punch three holes in the sheets and use binders and even attach tabs for various categories of documents. Organize and add to the documents as you go, so that you always have an up-to-date collection. You would like to discuss this further, please give me a call 312-493-4241. Kevin Johnson

When the subject of dating during a custody or divorce case I strongly recommend that clients do what I called invisible dating . That is, go on dates, meet possible partners - but on days when you don't have the children or during the hours where you don't have parenting time. "Invisible dating" means not introducing new romantic partners to your children, for a long time. The idea is to keep your own household stable and quiet, to prevent the emotional whipsawing that goes on when children have to adapt to new adults around them, and the conflicting loyalties that result from that, and also to avoid providing ammunition for the other side to wage further psychological war on my client. Sometimes, clients will get drawn into introducing a new partner to the children because that new partner also has his or her own children, and the thought is that the two sets of children should meet each other! What a disaster waiting to happen. I don't mean to be entirely ne...

A common complaint by parties in a divorce case involving children, or any other type of decision-making (custody) or parenting-time dispute, is something like, "She's saying bad things about me to the children."  Sincere, caring parents REALLY want to reduce the stress on their children that is caused when they hear derogatory comments being made about one parent, by the other parent (or other adults on that side of the case.) First of all, I do not focus on changing the behavior of the out-of-control or undisciplined parent on the other side.  That is a hopeless quest, if taken by itself. Let's face it.  The other parent is probably going to interrogate the children after each parenting-time session with the other parent.  Probably going to expect a report or recap of what was said and done when the children were with the other parent, sometimes down to what was served at meals, what TV shows were watched, who was present in the house, how everyone (including m...

Since most family-law disputes end with a settlement, which is essentially a contract between the parties affecting their rights to assets, cash flow, time with children, parenting decisions and moving out of state with children, it's important to know that there are basically two types of paragraphs put into these 'Marital Settlement Agreements' or 'Agreed Parenting Plans' --  (1) aspirational  and (2) enforceable. "Aspirational" paragraphs (my term for them) are couched in lofty-sounding phrases that sound good , that seem to require certain behavior from the parties, or that seem to prohibit improper behavior.  Behavior in the presence of the children, cooperation with the other parent, but are actually just an illusion -- since no one can precisely define what is required or prohibited. Here's an example of this type of bad , 'aspirational' or feel-good language: The parties shall cooperate in the selection, enrollment and schedu...

Language is vitally important. When a custody or divorce judgment is unclear, or requires elaborate interpretation, it can lead to disputes, friction between the parties, and unnecessary court proceedings.  All to the good, if you like being in court and watching your money drain away.  However, most people don't like that , and most people want to avoid wasting time and money in struggles that don't get them anywhere, and that could be avoided through careful writing by the attorneys. For my clients, I try to reduce and where possible,  eliminate  the need for routine communications between separated parents (ex-spouses, ex-partners). Let them save communications for when 'significant' (slow-moving, life-changing) decisions need to be made for a child, or when an emergency arises. There's quite a bit of talk about 'Co-Parenting.'  Books have been written about it.  It's a buzz word. Really, though, co-parenting is just a pipe dream when it...

I have found that there are two ways to deal with problems in implementing and interpreting parenting-time agreements contained in divorce or custody orders and judgments.  One is to deal with the problems as they arise -- putting out fires, fixing 'plane crash' or 'train wreck' situations, billing clients for the hours needed to bring things back to a smooth, working parenting schedule.  The other approach (and one which I try to follow) is to prevent  the parenting problems in the first place , with clear language -- times, days, places for exchange of the children, details all stated in the court orders. In order to prevent problems, though, it's necessary to avoid words like "flexible."  As in this horrible phrase:  "The parties agree to implement the above parenting schedule in a flexible manner, in light of the children's changing needs, their activities and other unforeseen circumstances."   This may sound just fine to a parent...

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...