Volume III - Issue No. 2 - Summer 2000

GRANDPARENT VISITATION CHALLENGED

Grandparent visitation rights in Illinois could be affected by a Washington state case pending before the U.S. Supreme Court and an Illinois court decision which has been appealed. Both cases challenge the constitutionality of allowing courts to grant grandparent visitation over the parents' objections.

Unlike the Washington statute, the Illinois statute lists factors which must occur to trigger visitation rights. Illinois generally allows for grandparent visitation when there is a disruption of the family due to the death or prolonged absence of a parent. The court also considers the "best interests of the child." Illinois does not guarantee grandparent visitation, however. If grandparents are awarded visitation, it is typically much less than a non-custodial parent would receive.
Court decisions are expected within the next few months.

CHANGES TO MEDICAL POWER OF ATTORNEY

Effective January 1, 2000, the Illinois Power of Attorney for Health Care authorizes the agent (power of attorney) to make an anatomical gift of any organ or specific organs that the principal lists on the power of attorney form.

JURY SELECTION MYTHS

Some trial lawyers believe the following myths during the jury selection process:

• Anyone whose occupation begins with a "p" should be rejected (postman, plumber, painter)
• Women with thin lips will help a Plaintiff
• Good looking women will always find for a physically attractive male lawyer
• Men with "crew-cut" hair cuts are defense jurors
• Widows award high punitive damages
• Anyone with a beard is a punitive juror
  (Source: Donald E. Vinson, Jury Persuasion: Psychological Strategies & Trial Techniques)

EXTENDED VISITATION DOES NOT MEAN REDUCED CHILD SUPPORT

The 4th District Court has held that there is not an automatic reduction in child support below statutory guidelines when parents have joint custody, one parent has primary responsibility for the children, and the noncustodial parent has extended visitation with the children. According to the Court, the parent is fulfilling his responsibility to spend time with his children.

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