Episode 37 - "Drop Dead" and "Escape" clauses, Slippery, variable language and Other Perils

In this Episode 41 - recorded on January 19, 2024, Marjie, Barry and Kevin sit down with former prosecutor ('Assistant State's Attorney') Igor Bozic to talk about Juvenile Court -- and the RISKS that parents face in not maintaining a calm, steady atmosphere around their children at home.

How does the Illinois child-protection agency (DCFS) begin focusing on you and your family?
   Screaming, yelling, throwing things in the house.
   Being overheard by neighbors.
   Having your kids witness arguments between the adults.
   Teachers, social workers, counselors as 'mandated reporters' to DCFS.
   Police and their duty to contact DCFS when kids are involved.

How can DCFS take custody of your newborn baby even when you've never abused or neglected her?  (Yes, it can happen.)

What happens when DCFS knocks on your door for an unannounced home inspection?  

Is there any good news in all this?  (Yes!)   

                    ==================

About the hosts of 'Dynamite Divorce and Other Matters:"

Chicago Lawyers Marjie Nielsen, Barry C. Boykin and Kevin R. Johnson have more than 70 combined years of experience in Custody, Divorce and other Family Law matters.  They know first-hand the court battles, stress and struggles that people endure as disputes are resolved in the family-court system.                

They work tirelessly to bring hope and clarity to a troubled world, where lawyers, judges and other professionals see the best and worst of human behavior on public display.      

===================

CARPLS - legal resources           www.carpls.org

Illinois Legal Aid Online             www.illinoislegalaid.org

================== 
Who we are:                                                                      

Attorney Marjie Nielsen  -  https://nextsteplegalservices.com/about-us   
Attorney Barry C. Boykin -  www.gclclaw.org/barry-c-boykin   
Attorney Kevin R. Johnson - www.divorce.nu    cell 312-493-4241


=============
Intro/outro music for this episode: From #Uppbeat (free for Creators!):
https://uppbeat.io/t/hartzmann/to-the-future   License code: TLAELJDDAJJYICOF

In this Episode 40 - recorded on September 8, 2023, Marjie (our new co-host), Barry and Kevin sit down with:

Doctor of Psychology Pascale Piron 
https://emergepg.com/pascale-piron, 

for a look behind the mental-health curtain.  

Psychologist, therapist, counselor -- what's difference (other than cost?)  Can all of them do counseling?  testing?  evaluations?   Why therapy for kids is good, and how some parents try to sabotage it.   Why adults in litigation or family-law conflicts can greatly benefit from therapy.  And what about parents' fears that seeing a therapist might give the other side reasons to claim they're crazy?  

In this, Marjie's first episode as co-host, she, Barry and Kevin throw some spaghetti at the wall (figuratively,) telling Dr. Piron some of their best techniques for dealing with sticky, real-world situations, only to be humbled by Dr. Piron,  who is ridiculously more qualified to speak about mental-health issues!  And mental health is a big factor in family-law court cases, with some parents determined to 'win' at all costs -- even throwing their children into the fight.

                    ==================

About the hosts of 'Dynamite Divorce and Other Matters:" 

Chicago Lawyers Marjie Nielsen, Barry C. Boykin and Kevin R. Johnson have more than 70 combined years of experience in Custody, Divorce and other Family Law matters.  They know first-hand the court battles, stress and struggles that people endure as disputes are resolved in the family-court system.                

They work tirelessly to bring hope and clarity to a troubled world, where lawyers, judges and other professionals see the best and worst of human behavior on public display.      

===================

CARPLS - legal resources           www.carpls.org

Illinois Legal Aid Online             www.illinoislegalaid.org

================== 
Who we are:                                                                      

Attorney Marjie Nielsen  -  https://nextsteplegalservices.com/about-us   
Attorney Barry C. Boykin -  www.gclclaw.org/barry-c-boykin   
Attorney Kevin R. Johnson - www.divorce.nu    cell 312-493-4241


=============
Intro/outro music for this episode: From #Uppbeat (free for Creators!):
https://uppbeat.io/t/hartzmann/to-the-future   License code: TLAELJDDAJJYICOF

In this Episode 39 - recorded on July 20, 2023, Barry and Kevin answer some of the questions commonly asked of them by non-lawyers.   There are links included below, including "Illinois Legal Aid Online," for people who would like some online help in preparing legal documents.  While some of the questions and answers are specific to Cook County Circuit Court in Illinois, there are also some universal truths and principles that anyone should find useful, as they attempt to navigate a complicated court system.
                    ==================

Chicago Lawyers Barry C. Boykin and Kevin R. Johnson have more than 50 combined years of experience in Custody, Divorce and other Family Law matters.  They know first-hand the court battles, stress and struggles that people endure as disputes are resolved in the family-court system.                

Barry and Kevin work to bring hope and clarity to a troubled world, where lawyers, judges and other professionals see the best and worst of human behavior on public display.      

===================

CARPLS - legal resources           www.carpls.org

Illinois Legal Aid Online             www.illinoislegalaid.org

================== 
Who we are:                                                                      

Attorney Barry C. Boykin -  www.gclclaw.org/barry-c-boykin   
Attorney Kevin R. Johnson - www.divorce.nu    cell 312-493-4241


=============
Intro/outro music for this episode: From #Uppbeat (free for Creators!):
https://uppbeat.io/t/hartzmann/to-the-future   License code: TLAELJDDAJJYICOF

Back from a summer break, Barry and Kevin are again ready to ruminate and pontificate on the practice of family law.  They are joined today by Chicago Attorney Clare McMahon from Hoffenberg & Block , who bravely wades into this wide-ranging discussion about the "Best Ideas and Worst Ideas in Family Law."  

In this Episode 38 - recorded in early December, 2022, Clare, Barry and Kevin gather around the (virtual) table to debate and explain some basic family-law concepts, as well as more-complicated techniques and battle-proven strategies.  These three experienced attorneys pull out some tools from the family-law toolbox (some well-known and others not-so-well-known) , examine them in the light of experience, and discuss how they are useful, time-wasting or harmful.  Terms and phrases like, "Discovery," "Deposition," "Deception," "Testimony," "Spew," and "Financial Affidavit" are tossed around freely, and mixed in with some war stories, anecdotal evidence and questionable opinionating.  

Why can't these intelligent people, these experienced practitioners, simply agree on one, efficient way of doing things?  Could it be that practicing family law is more art than science?  Might the complexity of human relationships have something to do with it?  

Listeners to this cacophonous, unscripted debate may learn some secrets of navigating family-law disputes arising from broken dreams, broken promises and broken relationships.  They may even gain some hope, inspiration and a feeling of encouragement.  
                    ==================

Chicago Lawyers Barry C. Boykin and Kevin R. Johnson have more than 50 combined years of experience in Custody, Divorce and other Family Law matters.  They know first-hand the court battles, stress and struggles that people endure as disputes are resolved in the family-court system.                

Barry and Kevin work to bring hope and clarity to a troubled world, where lawyers, judges and other professionals see the best and worst of human behavior on public display.      

===================

CARPLS - legal resources           www.carpls.org

Illinois Legal Aid Online             www.illinoislegalaid.org

================== 
Who we are:                                                                      

Attorney Barry C. Boykin -  www.gclclaw.org/barry-c-boykin   
Attorney Kevin R. Johnson - www.divorce.nu    cell 312-493-4241
Our guest:  Attorney Clare McMahon -  Hoffenberg & Block  312-853-8000


=============
Intro/outro music for this episode: From #Uppbeat (free for Creators!):
https://uppbeat.io/t/hartzmann/to-the-future   License code: TLAELJDDAJJYICOF

In this Episode 37 - recorded on a hot day in June, 2022, Barry and Kevin discuss an insider's view of negotiating settlement agreements -- the kind that become divorce judgments, parenting-time orders, and custody ('allocation') judgments.

When you receive a 20-page parenting-time proposal, what should you look for?  How about "drop dead" ('self-executing') sentences and paragraphs -- which allow the other party to judge when an important line has been crossed (for example, failing to take the child to an athletic practice as scheduled) and now your rights and obligations instantly change (for example, you lose your Wednesday evenings permanently.)   

How about 'escape clauses,' sometimes couched as flexibly allowing 'special occasions' to step on the other parent's parenting time?  One person's 'flexibility' is another person's fear and uncertainty.     Or variable terms, like "1/2 of Spring Break," or "the first half of Winter Break," with no definite dates for the beginning and ending of those breaks?
                    ==================

Chicago Lawyers Barry C. Boykin and Kevin R. Johnson have more than 50 combined years of experience in Custody, Divorce and other Family Law matters.  They know first-hand the court battles, stress and struggles that people endure as disputes are resolved in the family-court system.                

Barry and Kevin work to bring hope and clarity to a troubled world, where lawyers, judges and other professionals see the best and worst of human behavior on public display.      

===================

CARPLS - legal resources           www.carpls.org

Illinois Legal Aid Online             www.illinoislegalaid.org

================== 
Who we are:                                                                      

Attorney Barry C. Boykin -  www.gclclaw.org/barry-c-boykin   
Attorney Kevin R. Johnson - www.divorce.nu     

In this Episode 36 - recorded in May, 2022, Barry and Kevin discuss what happens after a Divorce, Allocation Judgment or other Court Order has been entered.  All that work, all the thinking and negotiating and planning -- so easy to fall apart or not work as planned.

Kevin and Barry shares some stories and techniques for smoothing the way to the rest of your life -- your life after Court, when you have to live with the words on paper.
                    ==================

Chicago Lawyers Barry C. Boykin and Kevin R. Johnson have more than 50 combined years of experience in Custody, Divorce and other Family Law matters.  They know first-hand the court battles, stress and struggles that people endure as disputes are resolved in the family-court system.                

Barry and Kevin work to bring hope and clarity to a troubled world, where lawyers, judges and other professionals see the best and worst of human behavior on public display.      

===================

CARPLS - legal resources           www.carpls.org

Illinois Legal Aid Online             www.illinoislegalaid.org

Mentioned in this episode:

             The Illinois 'Statewide Financial Affidavit'

             A pointer to the Illinois HFS Child Support Estimator

             The Hewitt case (Illinois Supreme Court, 2016)

================== 
Who we are:                                                                      

Attorney Barry C. Boykin -  www.gclclaw.org/barry-c-boykin   
Attorney Kevin R. Johnson - www.divorce.nu     

2021 was a busy year for our podcast, with a multitude of guests sharing ideas, hopes, dreams, techniques and behind-the-scenes secrets from their real-world experience.  A bunch of lawyers and one Doctor of Psychology, what could go wrong?

In this Episode 35 - recorded in February, 2022 without a net, and without a guest, Barry and Kevin remember and summarize the hours and hours of 'Dynamite Divorce and Other Matters' episodes recorded in 2021.  
                    ==================

Chicago Lawyers Barry C. Boykin and Kevin R. Johnson have more than 50 combined years of experience in Custody, Divorce and other Family Law matters.  They know first-hand the court battles, stress and struggles that people endure as disputes are resolved in the family-court system.                

Barry and Kevin work to bring hope and clarity to a troubled world, where lawyers, judges and other professionals see the best and worst of human behavior on public display.      

===================

CARPLS - legal resources           www.carpls.org

Illinois Legal Aid Online             www.illinoislegalaid.org

================== 
Who we are:                                                                      

Attorney Barry C. Boykin -  www.gclclaw.org/barry-c-boykin   
Attorney Kevin R. Johnson - www.divorce.nu     

SEE THE LINKS BELOW!

Safety and freedom.  Who wouldn't want that?  But abusive partners, spouses and other family members can put the  safety and freedom of you and your children at risk.  

• No one should live in constant fear of physical or emotional harm.  Agencies, advocates and the legal system stand ready to help.    
• On the other hand, no one should lose his or her home, children or freedom due to misuse of the legal system or false allegations of abuse.  

In this Episode 34, recorded on 12/9/2021, Barry, Kevin and guest Kara Bekelya, an experienced Indiana attorney, shine a light on some gut-wrenching issues that don't get enough attention:

• abusive relationships, 
• where victims can find understanding and help,
• some facts and insights about the court system, 
• 'orders of protection,' 
• what judges look for, 
• how victims can protect themselves, 
• the involvement and misuse of the police, and 
• some ways to defend against false allegations. 

Some of the many resources out there:

Indiana coalition against domestic violence:   icadvinc.org
National domestic violence hotline:   www.thehotline.org
Connections for Abused Women and Children:    www.cawc.org
Wings program Chicago:    wingsprogram.com
Fair Haven Rape Crisis Center:     fairhavenrcc.org
St. Jude house:      www.stjudehouse.org
Sarah's Inn:   sarahsinn.org
Between Friends   www.betweenfriendschicago.org

                    ==================

Custody and Divorce Lawyers Barry C. Boykin and Kevin R. Johnson have more than 50 combined years of experience.  They know first-hand the court battles, stress and struggles that people endure as disputes are resolved in the family-court system.                

Barry and Kevin work to bring hope and clarity to a troubled world, where lawyers, judges and other professionals see the best and worst of human behavior on public display.      

Our Guest:  Indiana family-law and personal-injury attorney Kara Bekelya  (contact her at:  www.marshallslaw.com)

===================

CARPLS - legal resources           www.carpls.org

Illinois Legal Aid Online             www.illinoislegalaid.org

================== 
Who we are:                                                                      

Attorney Barry C. Boykin -  www.gclclaw.org/barry-c-boykin   
Attorney Kevin R. Johnson - www.divorce.nu     
Guest:  Attorney Kara Bekelya -  www.marshallslaw.com

Parents.  Children.  Money.  Power.  Control.  Disabled adults.   What could go wrong?

This podcast is about "Guardianship."  It sounds like a blanket of comfort and protection.   "Guardianship."  The power to decide, for adults and children who can't.  Protection against bad decisions and wasted assets sounds good!  But having a guardian could mean the loss of control.   Can you imagine having another person make your medical decisions, sell your house or spend your money?   Who should have this awesome power?

Sometimes, a guardianship clears up uncertainty.  For example, when a single mother has mental or physical challenges and isn't able to raise her children.  The schools or doctors can accept the guardian's decisions, in place of the parent. Or when a child receives a large amount of injury or accident money.  The guardian helps protect and spend that money - under court supervision.   

However, when the numbers are very big, or the emotions are very strong, issues of POWER, MONEY AND CONTROL can rip apart a family.  Some family members have even had fistfights in the hallway of the courthouse.

In this Episode 33, parts One and Two, Recorded on 10/8/2021, Barry, Kevin and guest Mark Broaddus, a very-experienced Chicago probate lawyer, discuss a variety of dilemmas and questions, including:

• Who can be a guardian?  
• Do they have to pass a background check?  
• Can anyone file for guardianship over someone's children? 
• Do parents have to live in fear of this? 
• At age 14, does a child have the power to choose a guardian?  
• Can the child choose to move in with 'Uncle Burt,' because he has more money, and is more fun?
• How does a guardianship  of a child differ from a child-custody case, or a juvenile-court case?  
• What advance planning and documents can help prevent family meltdowns over power and money?

                    ==================
Custody and Divorce Lawyers Barry C. Boykin and Kevin R. Johnson have more than 50 combined years of experience.  They know first-hand the court battles, stress and struggles that people endure as disputes are resolved in the family-court system.                

Barry and Kevin try to bring hope and clarity to a troubled world, where lawyers, judges and other professionals see the best and worst of human behavior on public display.      

Our Guest:  Chicago probate attorney Mark Broaddus   (call him at 312-855-4057.)

===================

CARPLS - legal resources           www.carpls.org

Illinois Legal Aid Online             www.illinoislegalaid.org

================== 
Who we are:                                                                      

Attorney Barry C. Boykin -  www.gclclaw.org/barry-c-boykin   
Attorney Kevin R. Johnson - www.divorce.nu     
Guest:  Attorney Mark Broaddus -  www.chuhak.com    312-855-4057

Parents.  Children.  Money.  Power.  Control.  Disabled adults.   What could go wrong? 

This podcast is about "Guardianship."  It sounds like a blanket of comfort and protection.   "Guardianship."  The power to decide, for adults and children who can't.  Protection against bad decisions and wasted assets sounds good!  But having a guardian could mean the loss of control.   Can you imagine having another person make your medical decisions, sell your house or spend your money?   Who should have this awesome power?

Sometimes, a guardianship clears up uncertainty.  For example, when a single mother has mental or physical challenges and isn't able to raise her children.  The schools or doctors can accept the guardian's decisions, in place of the parent. Or when a child receives a large amount of injury or accident money.  The guardian helps protect and spend that money - under court supervision.   

However, when the numbers are very big, or the emotions are very strong, issues of POWER, MONEY AND CONTROL can rip apart a family.  Some family members have even had fistfights in the hallway of the courthouse.

In this Episode 33, parts One and Two, Recorded on 10/8/2021, Barry, Kevin and guest Mark Broaddus, a very-experienced Chicago probate lawyer, discuss a variety of dilemmas and questions, including:

• Who can be a guardian?  
• Do they have to pass a background check?  
• Can anyone file for guardianship over someone's children? 
• Do parents have to live in fear of this? 
• At age 14, does a child have the power to choose a guardian?  
• Can the child choose to move in with 'Uncle Burt,' because he has more money, and is more fun?
• How does a guardianship  of a child differ from a child-custody case, or a juvenile-court case?  
• What advance planning and documents can help prevent family meltdowns over power and money?

                    ==================

Custody and Divorce Lawyers Barry C. Boykin and Kevin R. Johnson have more than 50 combined years of experience.  They know first-hand the court battles, stress and struggles that people endure as disputes are resolved in the family-court system.                

Barry and Kevin try to bring hope and clarity to a troubled world, where lawyers, judges and other professionals see the best and worst of human behavior on public display.      

Our Guest:  Chicago probate attorney Mark Broaddus   (call him at 312-855-4057.)

===================

CARPLS - legal resources           www.carpls.org

Illinois Legal Aid Online             www.illinoislegalaid.org

================== 
Who we are:                                                                      

Attorney Barry C. Boykin -  www.gclclaw.org/barry-c-boykin   
Attorney Kevin R. Johnson - www.divorce.nu     
Guest:  Attorney Mark Broaddus -  www.chuhak.com    312-855-4057