In 2016, Illinois law regarding what had been called “custody” will result in a sea-change involving a complete re-thinking about what is involved in matters involving custody and visitation / parental rights and responsibilities and parenting time. This summary will focus case law and the implications that the 2016 rewrites will have on many of the cases involving non-financial issues. The most important case that will have an impact most analogous to Brown v. Board of Education is Obergefell (June 26, 2015). The result of cases such as Obergefell and Szafranski when coupled with the rewrites of Illinois parentage and law regarding divorce will result in changes as dramatic to Illinois family law as at any time in our history. We can see how dramatically the law continues to be in a state of flux with difficult facts essentially making bad law with our September 2015 In re Visitation of J.T.H case.
