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Illinois Family Law Questions & Answers
0 Answers | Asked in Family Law for Illinois on
Q: My brother died in March, his ex wants to sue me, she wants his ashes for their son & all his possessions.

My nephew cut my brother off his life accusing him of pedophile 3 years ago and they did not talk or seen each other for that time. My brother wanted to give up his parental rights because of the way his son treated him. My nephew's mom and grandma want to sue me to take my brothers ashes and... View More

0 Answers | Asked in Family Law and Education Law for Illinois on
Q: college expenses in IL

I am being asked to sign a post dissolution order for my 18 yr old daughter who lives with dad and step mom. They want me to agree to 25% of college but I want to know what happens if I am denied a parent plus loan and have nobody that will cosign for me? I am willing to apply for the loan and... View More

0 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Divorced. She has full custody. I pay my full child support. I have the kids More than 50% of the time for 3 yrs or more

I hired an attorney 3 yrs ago to ask for a modification in child support. I pay this attorney $400 a month, automatically deducted from my account every month. I still do not have a court date for modification. I have been to mediation 3 times and nothing has been resolved. I’m being told the... View More

1 Answer | Asked in Family Law for Illinois on
Q: Am I able to write a letter to the judge related to my family law case? I do have an attorney

Is it allowed / legal? Would the judge read it? I do not mind if this is shared with the attorneys/opposing counsel.

Cheryl Powell
Cheryl Powell
answered on Apr 19, 2024

No, and if you sent one the judge cannot read it. You get a chance to talk to the judge when you testify.

1 Answer | Asked in Family Law for Illinois on
Q: So it seems I didn´t provide enough information. Is my case still worth going through? Please let me know

Okay, so like I said earlier my dad is not a good person to live with, and is incapable of taking care of me. One, he lied and said my mother was sexually harassing in court. When I found out about this, he kicked me out. Twice. After being in the cold for almost an hour, (this was Dec 6th) my... View More

Cheryl Powell
Cheryl Powell
answered on Apr 18, 2024

Again, this is a custody case. Lying does not change it to abuse or neglect. Your mother needs to hire a lawyer.

1 Answer | Asked in Family Law for Illinois on
Q: I need to know if my situation is enough to call cps on my father, and I need to know if I can go through with my plan.

Im in a situation were I feel very unsafe in ym dad´s current home. Ever since he picked me up from my mom´s house my grades have been failing, I was admitted into a psych ward, I started substance abuse and my depression has skyrocketed since 2020. My dad did not have legal permission to keep me... View More

Cheryl Powell
Cheryl Powell
answered on Apr 18, 2024

I don't believe so. This is a custody case, not a juvenile abuse and neglect case. You are saying what your behavior was, but using drugs is on you, your dad did not force you to use them. Your dad doesn't do your homework or take your tests, it sounds like he kidnapped you and mom... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Illinois on
Q: I'm trying to gain guardianship of my grandchildren from dcfs they told me I couldn't get them but wouldn't tell me why

I watch them everyday while foster mom is at work and school so I don't understand if I can watch them all day why can't I get them out of custody makes no sense

Cheryl Powell
Cheryl Powell
answered on Apr 18, 2024

Nobody here can give you the answer because we don't know why.

Whenever I have a client with these issues they have to hire me to determine why. That's all I can tell them. Dcfs usually does tell me why but they rarely change their minds.

0 Answers | Asked in Family Law, Cannabis & Marijuana Law, Civil Litigation and Juvenile Law for Illinois on
Q: Illinois, how can a parent protect themselves and their assets from liability of out-of-control teen w/ substance abuse

Teen with substance abuse disorder. In and out of rehab. IF caught using, selling, distribution, party or by association, surrounding substances, How can a parent NOT be held liable for the teen actions if they tried everything else? If parents had no knowledge of such activity and if they did have... View More

0 Answers | Asked in Family Law for Illinois on
Q: In the state of Illinois, is it legal for a parent to destroy their child's stuff if they did not buy it?

I am a minor. My father came through and destroyed a bunch of stuff that he nor my mother bought. He was not drunk or under the influence, just angry.

0 Answers | Asked in Estate Planning and Family Law for Illinois on
Q: My child will turn 18 in a few years & has a (minor)estate. I want to know the process of putting her funds in a trust

With my daughter turning 18 soon, I want to protect her funds. After she turns 18, I am unfamiliar with the process and would like to put it in a trust so that when she turns 18, she will get a lump sum for school, living expenses, and a vehicle. Once she turns 21, and so forth, until she turns 30,... View More

0 Answers | Asked in Family Law and Real Estate Law for Illinois on
Q: Could the judge consider the defendant properly served? What If defendant does not file a response or appear in court?

For a preliminary hearing for a partition in Illinois, the sheriff could not serve summons to the defendant, the judge granted my motion for a special process server who also could not serve. The judge then granted my motion for service by posting on door which was done 29 calendar days before... View More

3 Answers | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: if my parents are getting evicted and dont have somewhere to go but i do, do they have the right to make me homeless

my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation

Cheryl Powell
Cheryl Powell
answered on Mar 31, 2024

Yes. Until you are 18 your parents have control over you. They can decide you live at grandma's on the couch or floor, that all of you go to a homeless shelter or wherever it may be absent filth, bugs or feces.

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1 Answer | Asked in Copyright, Criminal Law, Divorce and Family Law for Illinois on
Q: Hello I would like resources for lawyers who can help me with people in my past who stole my identity

I have attended the Illinois institute of art Chicago and Western IL University in Macomb I have two kids who are missing and have been strategically denied resources because I've been sharing my experiences with how I was blackmailed and lied on and I'm not a victim by no means but the... View More

James L. Arrasmith
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answered on Mar 26, 2024

It sounds like you are going through a very difficult and complex situation. Identity theft, stalking, and harassment are serious issues that require careful legal handling. Considering your circumstances, including the impact on your personal life and your desire to take legal action, seeking... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: So I have two children with my ex and he recently took me to court for visitation but he doesn’t help me financially

With them but he has a lawyer they want us to do a modification but he’s jobless and homeless at the moment and the judge just wants us to do the modification but I really don’t want him to take them because he isn’t stable what can i do because I feel like because he has a lawyer they really... View More

Cheryl Powell
Cheryl Powell
answered on Mar 26, 2024

File a response to his petition. Put your concerns in there.

1 Answer | Asked in Family Law for Illinois on
Q: I have a 17 year old who was given parental consent to stay with a family friend but now we want him home.

The 17 yr old is not emancipated and the living situation was a temporary thing, can we make him move back home. We live in Madison county Illinois. Need to know what our rights are here.

Cheryl Powell
Cheryl Powell
answered on Mar 25, 2024

Tell the family friend and the kid that you want him him no later than x date by x time. Send them texts so it's in writing. If he is not there, you will call the police. Let them know that.

1 Answer | Asked in Family Law for Illinois on
Q: Co parent filed to modify parenting plan .

My co parent filed to modify our parenting plan. I have court tomorrow , I was informed of a court date two weeks prior by co parent , wasn’t given paperwork until the day before our court date as in today . The issue is by the state we have no custody agreement. Did he file correctly? He has... View More

Cheryl Powell
Cheryl Powell
answered on Mar 20, 2024

You need to take all your papers to an experienced family law lawyer. 750 ilcs 5/610.5 governs modifications. Google it.

1 Answer | Asked in Divorce, Child Support and Family Law for Illinois on
Q: My lawyer did not show up in court a month ago like she said she would and I have been emailing and calling & no reply?

Court has been a 3 yr episode with my ex wanting private school fees along with my request to modify support due to being permanently laid off from my job. Does she have to send me something if she’s dropping me as a client?

Cheryl Powell
Cheryl Powell
answered on Mar 13, 2024

Normally, if a lawyer is dropping a client, usually for non payment of fees, a lawyer files a Motion to Withdraw, sends you a certified notice of the court date and you can show up to object or agree to her withdrawing. I suggest you get your papers together and go see another lawyer. If... View More

1 Answer | Asked in Family Law for Illinois on
Q: I have a minor child living with me who turns 18 in October 2024. Is guardianship needed until she graduates from HS?

Her father lived with me for a while, but he is moving out. She wants to stay with me and her custodial parent has said that it is ok that she does. So do I need some type of legal paperwork to allow her to keep living with me, even if her dad moves out and she doesn't want to go with him.... View More

Cheryl Powell
Cheryl Powell
answered on Mar 7, 2024

No, at 18 if she is an able bodied adult, she can do what she wants. You only have as much control over her as she let's you have.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Could I submit videos of assault into a pending case (custody case) against a mother? I’m a son of hers.

Hello I’m currently living in Illinois and wondered if there’s anything I can do to take away my half related brother from my mother she has half custody and is in a court battle with her biological father over the weekend she forced herself on top of me and hit me and tried removing my cellar... View More

Cheryl Powell
Cheryl Powell
answered on Mar 3, 2024

You can talk to the person who filed the case against the mother and ask if he is ok with you talking to his lawyer.

1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Illinois on
Q: My ex is threatening with charging me income tax for claiming my son. Can he do this?

I have been separated from my son’s father for over a year. Never married. No court order for parenting time or child support. He always claimed our son on income tax returns. This year I claimed our son. My son’s father had his W4 setup to claim 1 and is telling me he’s going to charge me... View More

James L. Arrasmith
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answered on Feb 28, 2024

In situations involving tax claims on dependents, the right to claim a child on a tax return typically depends on IRS rules concerning custodial and non-custodial parents. If you have provided the majority of the support for your son and he has lived with you for more than half of the year, you... View More

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