Tag Archives: child custody case

DuPage County parenting plan lawyerOne of the most important things you must come to an agreement about when you get a divorce is how your children will split their time between you and the child’s other parent. In the state of Illinois, all divorcing couples who have children together must come to an agreement on their own about a parenting plan, attend a mediation session to help them come to an agreement or have the judge make decisions about the parenting plan if you and your spouse cannot come to one any other way. A parenting plan will set out the future of your co-parenting relationship and while it is not set in stone, you should aim to include all of the necessary items in your plan the first time around.

Holidays and Other Special Dates

Though the basis of your parenting plan will be dictating when each parent spends time with the child, you should make sure that plan includes different holidays and other special dates that might be fought over. Be sure to include all holidays that you may want to spend time with your child -- not just the major ones. Christmas and Thanksgiving are highly-contested holidays, but if you also want to make sure you get an equal amount of time on holidays like Easter and Valentine’s Day, be sure to write that into your parenting plan.

Travel and Vacations

If you and your spouse know that you each will be going on planned vacations, you should be sure to include provisions about that in your parenting plan. Vacations can disrupt the normal parenting schedule, so you should agree in advance how much time you need to plan the vacations prior to leaving.

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child custody case, DuPage County divorce lawyers, Illinois divorce, Illinois divorce lawyers, marriage counselor, principles of marriage counselingMy spouse says that our marriage counselor will voluntarily come to court and testify against me in our divorce case on his behalf. Can our marriage counselor really testify against me? Can our marriage counselor repeat what I said in marriage counseling to the court?

The Illinois Mental Health and Developmental Disabilities Confidentiality Act, or MHDDCA, provides that a "therapist" cannot reveal confidential statements to anyone—including the court—even in an Illinois divorce or child custody case. This is prohibited as part of the "therapist-patient privilege" in Illinois.

A therapist really has no choice. Choosing to testify is prohibited by the "therapist-patient privilege." The privilege is solely the choice of you, the person receiving counseling, not the therapist. See Renzi v. Morrison, 249 Ill.App.3d 5, 618 N.E.2d 794, 188 Ill.Dec. 244 (1st Dist. 1993).

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