Meet the Team
Michael K. Goldberg
Michael K. Goldberg received his Juris Doctorate in 1992 from the University of Illinois College of Law. Serena Nakano
Ms. Serena Nakano has been an associate at the Goldberg Law Group, LLC, since 2008. Stephanie Wolfson
Stephanie A. Wolfson works in all areas of the firm’s practice, including family law. Protecting Parents & Grandparents in Illinois
We handle cases across the state, incuding the
Chicago metropolitan area, the Quad Cities, the St. Louis area, and central and southern Illinois.
Absent Father wins Guardianship Appeal
February 13, 2012
The Illinois Supreme Court recently agreed with he Illinois Appellate Court that a default order issued against a father who was never served with a petition to terminate his parental rights in a neglect proceeding should be set aside. The…Armed Forces and Visitation-New Rights for our Military Parent-Substitute Visitation
February 7, 2012
Recently, the Illinois Legislature has approved House Bill 1589, Public Act 97-659, which allows a court, upon a proper motion, to designate a person know to the child (not necessarily a relative) to exercise reasonable substitute visitation on behalf of…New Visitation Law for Military Parents-House Bill 1589-Grandparent Visitation Opportunities Increased
December 6, 2011
The Illinois Legislature has sent HB 1589 for the Governor’s signature. That Bill strengthens the visitation rights of parents who are serving in the US Military. First of all, the new amendments to the Illinois Marriage and dissolution of Marriage…Termination of rights overturned on appeal-lack of notice
November 15, 2011
Father’s parental rights were terminated in 2008, but State failed to make diligent inquiry of current and last known address as required for serving father by publication. State and DCFS had additional knowledge that may have led them to contact…Steven Watkins bill defeated in state Senate-Visitation Abuse Law
November 11, 2011
bill named after an Ashland man who was slain while trying to visit his daughter, which toughens penalties for divorced parents who violate visitation orders, failed in the Illinois Senate on Wednesday. House Bill 1604, sponsored by state Sen. John Sullivan,…New Illinois Law on Visitation Abuse-House Bill 1604
October 21, 2011
(Howard, D-Chicago; Sullivan, D-Rushville) allows a court to order the following relief for visitation abuse: (1) suspend the defendant’s driving privileges; (2) suspend the defendant’s professional license; and (3) fine the defendant for not more than $500 as a petty…Grandparent Visitation in Illinois-attorneys fees
October 21, 2011
The Illinois Grandparent Visitation allows a party to seek attorneys fees in certain limited circumstances, if one party has a much greater income than the other, or if one side uses the law to harass the other side.Grandparent Guardianship
October 10, 2011
A Judge in LaSalle County granted a maternal grandmother guardianship of her infant granddaughter after a day long hearing. The grandmother was fighting for guardianship against her own daughter. It is not uncommon for a grandparent to petition against their…Grandparent visitation cases on appeal
August 30, 2011
Currently there are grandparent visitation cases pending in the Third, Fourth and Fifth Districts of the Illinois Appellate Courts. At issue in all of those cases is the interpretation of the current Illinois Grandparent Visitation Act. The Appellate Courts are…Grandparent Guardianship
August 30, 2011
Recently, an appellate court in downstate Illinois ruled that a trial court must conduct an evidentiary hearing on whether the parent is willing or able to care for the child before the court can rule on the case. This Ruling…Grandparent Visitation and out of state Grandparents
August 30, 2011
If a grandchild lives in Illinois, his or her grandparents may seek court ordered visitation with the child, and that visitation can take place out of state. When the parents are not married, if one parent is in jail or…Grandparent Visitation in Illinois and Videoconferencing
August 30, 2011
Note: Electronic Visitation Meant to Supplement NOT Replace Face-to-Face Visitation Examples of Forms of Electronic Visitation: 1. Using iChat, Gchat, Skype, etc. for conducting webcam enabled video chat or instant message enabled chat. 2. Regular email communication 3. Video teleconferencing via…Grandparent Visitation and the Common Law
August 30, 2011
The Illinois Supreme Court has not yet ruled on the constitutionality of the Grandparent Visitation Act. If the Act is declared unconstitutional then grandparents can rely on the common law. It is clear that before grandparent visitation was codified, Illinois…When can Grandparents Petition for Grandparent Visitation?
August 30, 2011
A-5) Child’s Other Parent Decreased / Missing > 3 Mos.: the child’s other parent is deceased or has been missing for at least 3 months. For the purposes of this Section a parent is considered to be missing if the parent’s…Grandparents and Guardianship-New Appellate Decision avoids Grandparent Visitation Act
August 30, 2011
The Fourth District Appellate Court of Illinois recently ruled against grandparents who sought to intervene in an adoption case involving their grandchild. The Court made this decision without relying on the Illinois Grandparent Visitation Act. The trial judge refused to…Divorce and Grandparent Visitation
August 30, 2011
Scenario: Mother and Father are married. Father and Mother have a child. To make ends meet, Father and Mother move in with Father’s parents, the paternal grandparents. Father and Mother decide their marriage isn’t going to work. Father and Mother decide…Grandparent Guardianship is Changing
August 30, 2011
The Illinois Legislature passed a new law, which amends the Probate Act, effective January 1, 2011. The Governor recently signed the bill, and now 755 ILCS 5/11-5 and 11-14.1 will be amended. Courts have jurisdiction to proceed on a petition…Grandparent Visitation and DCFS
August 30, 2011
A Central Illinois judge recently agreed that paternal grandparents had the right to be heard in a DCFS case involving the termination of the paternal rights of the mother, but would not let them intervene to get visitation. The grandparents…Grandparent Visitation case on Appeal
August 30, 2011
Recently, Grandparents out of the Peoria area lost their case for grandparent visitation with their two grandchildren. The Judge dismissed the case at the end of the grandparent’s case, without requiring the mother and her new husband to put on…Expert Witnesses Explained
August 30, 2011
When relationships between grandparents and a parent deteriorates, the relationship between the grandparent and their grandchild or grandchildren doesn’t necessarily deteriorate as well. The Court is more likely to grant visitation to a grandparent if the grandparent and child had…The difference between Visitation, Guardianship and Custody
August 30, 2011
Grandparents and third party relatives are often confused by the differences between visitation, guardianship and custody. It can be difficult for some to choose which option is best for their situation. The following is meant to show a brief example…Grandparent Rights in Illinois-DCFS
August 30, 2011
In Illinois, Grandparents have the right to petition the court to be heard as to their grandchildren. Grandparents’ rights to visitation and or custody are somewhat limited in a case where DCFS is involved, but when the grandparent or other…Visitation Overview: Parenting Time and Grandparent Visitation
August 30, 2011
I. Structuring and Scheduling Visitation/Parenting Time: Visitation Statute under the IMDMA: 750 ILCS 5/607 Statute is applicable in Parentage Cases through 750 ILCS 45/14: In determining custody, joint custody, removal, or visitation, the court shall apply the relevant standards of the…What happens when a grandparent seeks visitation for a child born out of wedlock?
August 30, 2011
Scenario: The mother and father of the child have the child out of wedlock and never marry. The mother and father move in with the paternal grandparents and the paternal grandparents regularly care for the child while its parents are at…Step Father Adoption and Paternal Grandparent's Rights
August 30, 2011
Scenario: Mother and Father are married and later divorce after having a child. Prior to the divorce, the child regularly visited his paternal grandparents (father’s parents) for a number of years. After the divorce, Mother remarries and Father abdicates his paternal…The Illinois Grandparent Visitation Statute in Plain English
August 30, 2011
All fifty states have some form of a Grandparent Visitation Statute, however twenty states have restrictive visitation statutes while, the rest have a permissive visitation statute. A restrictive visitation statute only provides visitation rights to grandparents in the event of…Grandparent Visitation-The Dad's parents
August 30, 2011
Often the paternal grandparents are called upon to help raise their grandchildren. Sometimes the father has died or is in jail, but most of the time the father is absent. The dad’s parents then step in and help the mother,…Grandparent Visitation Rights-Out of state
August 30, 2011
a grandparent from outside of Illinois can get visitation with a grandchild out of state. Illinois Courts will allow a grandparent to visit with a grandchild out of state, assuming that the grandparent has an existing relationship with the child.grandparent custody and guardianship
August 30, 2011
In Illinois, a grandparent can petition for guardianship, even if the child is living with a parent. To be successful, the grandparent must prove that the parent is unwilling or unable to care for the child. for a grandparent to…State-wide meeting for grandparents raising grandchildren
August 30, 2011
Save the date! The quarterly meeting of the Illinois Task Force on Grandparents and Other Relatives Raising Children will be held: Tuesday, March 31, 2009 10:00 a.m. – 1:00 p.m. Springfield, IL (location to be announced) This is an amazingly…Harm to the Child-use of expert testimony
August 30, 2011
Recently, some of my clients have been seeking the expert opinion of a child psychologist or child therapist, who can testify about the emotional harm that will come to a child if he or she is separated from grandparent to…Grandparent visitation discussion
August 30, 2011
Many, many grandparents are being called upon to help raise their grandchildren. Over the years I have talked to and represented grandparents whose children have died, divorced, and/or been incarcerated. I have also met many whose children (the parents) were…March 29,2007 Speech on Grandparent Visitation in Rockford
August 30, 2011
On March 29, 2007, Mike Goldberg will be addressing the Winnegabo County Bar Association about the status of grandparent visitation in Illinois.Grandparent visitation still valid in Illinois
August 30, 2011
On March 22, 2007, the Ilinois Supreme Court issued an opinion, which kept intact the Grandparent Visitation Act. In Mulay v. Mulay, a trial court judge in Peoria found the statute unconstitutional, and the Illinois Supreme Court reversed that decision…
Will there ever be Court-Imposed Grandparent Visitation in Illinois after Wickham v. Byrne?
July 26, 2011
I. INTRODUCTION The Illinois Grandparent Visitation Act1 was held facially unconstitutional by the Illinois Supreme Court in April of 2002.2 In the wake of that holding (a 6-1 vote) and the strong pro-parent language contained therein, there has been much…Over the River and Through the Woods-Again: How Will Courts Interpret the New Grandparent Visitation Act
July 26, 2011
I. Introduction After a two-year hiatus, Illinois grandparents once again have the statutory right to petition for visitation with their grandchildren. On August 12, 2004, Governor Blagojevich signed House Bill 4318 (P.A. 93-0911, effective January 1, 2005), which reestablishes standing,…Survey of Illinois Law: Grandparent Visitation
July 26, 2011
INTRODUCTION As of October of 2007, in Illinois, there were 213,465 children reported to be living in grandparent-headed households, and of those children, over half of them were living with their grandparents without either parent present.3 In addition, 103,717 grandparents…Can there ever be Court-Imposed Grandparent Visitation in Illinois after Wickham v. Byrne ?
July 26, 2011
I. INTRODUCTION In April of 2002, the Illinois Supreme Court held that the Illinois Grandparent Visitation Act1 was facially unconstitutional.2 In the wake of that holding (a 6-1 vote) and the strong pro-parent language contained therein, there has been much…Third Time’s a Charm: Illinois Supreme Court finally Weighs in on the new Grandparent Visitation Act
July 26, 2011
In 2007 the Illinois Supreme Court accepted two grandparent visitation cases only to decide them on purely procedural grounds, having nothing to do with the substance of the new Illinois Grandparent Visitation Act (“Act”)1. Those two decisions, Mulay v. Mulay…Illinois Grandparent Acts Addresses Changes in the Nuclear Family
July 26, 2011
I. INTRODUCTION In April of 2002, Illinois became the only state in the country without a law permitting grandparents to seek court imposed visitation with their grandchildren, when the Illinois Supreme Court held that the Illinois Grandparent Visitation Act1 was…A Survey of Illinois Law: Grandparent Visitation
July 26, 2011
I. INTRODUCTION As of October of 2007, in Illinois, there were 213,465 children reported to be living in grandparent-headed households, and of those children, over half of them were living with their grandparents without either parent present.1 In addition, 103,717…What You Need To Know About Grandparent Visitation
July 26, 2011
What You Need To Know About Grandparent Visitation, ISBA General Practice, Solo and Small Firm Section Council Newsletter, Vol. 28, No. 4 (March 2000).The U.S. Supreme Court Weighs in on Grandparent Visitation in Troxel v. Granville, ISBA Family Law Section…Can There Ever be Court-Imposed Grandparent Visitation in Illinois after Wickham v. Byrne?
July 26, 2011
I. Introduction In April of 2002, the Illinois Supreme Court held that the Illinois Grandparent Visitation Act1 was facially unconstitutional.2 In the wake of that holding (a 6-1 vote) and the strong pro-parent language contained therein, there has been much…New, Narrower Illinois Grandparent Visitation Statute
July 26, 2011
I. Introduction After a two-year hiatus, Illinois grandparents once again have the statutory right to petition for visitation with their grandchildren. On August 12, 2004, Governor Blagojevich signed House Bill 4318 (P.A. 93-0911, effective January 1, 2005), which reestablishes standing,…The New Grandparent Visitation Act
July 26, 2011
THE NEW ILLINOIS GRANDPARENT VISITATION ACT (750 ILCS 5/607) Presented by: Michael K. Goldberg Goldberg Law Group 222 S. Riverside Plaza, Suite 810 Chicago, Illinois 60606 (312) 930 – 5600 mgoldberg@goldberglawoffice.com On January 1, 2005, grandparent visitation was reestablished in…New Amendments to the Illinois Grandparent Visitation Statute
July 26, 2011
I. Introduction Approximately one year after its enactment, the Illinois Grandparent Visitation Act has been amended. On July 14, 2006 Governor Blagojevich signed House Bill 4357 (P.A. 94-1026, effective January 1, 2007), which changes the existing law to permit grandparents…
No posts available
No posts available