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Questions Answered by James G. Ahlberg
1 Answer | Asked in Child Custody for Illinois on
Q: My daughter has a custody agreement signed by judge. She follows the schedule the father has taken her wont return her

The father is uncooperative. The police at the station where the exchanges occur will not help at all. They say my daughter has to go back to court. Surly there is something we can do. Please help us

James G. Ahlberg
James G. Ahlberg
answered on Aug 25, 2023

There is something your daughter can do: She has to take the father to court and ask that he be held in contempt for not abiding by the terms of the parenting time (formerly known as custody) order. I encourage her to hire an attorney to do this for her so it gets done correctly. If the father is... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Illinois on
Q: Can we ask the Court for a Default judgement against 2 of 3 served defendants at this time?

I have invested countless hours researching facts, law, and evidence, and ultimately we filed an 88 page, 11 count complaint in the McLean County IL Circuit Court pro-se, asking for at least $144,000 in damages against three defendants. This was filed on July 3, with the corporation's... View More

James G. Ahlberg
James G. Ahlberg
answered on Aug 16, 2023

Probably. Depending on the wording of your complaint (your attachment won't go through this system) it's possible you'll be limited to a default judgment as to liability and still need a hearing at which you prove your damages and each defendant has an opportunity to try to disprove... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: 1/2..My son's biological father (never married) has never met or wished to have anything to do with him. We haven't

2/2… talked in almost 2 years since the day he was born. My now fiance, soon to be husband wants to know how to go about becoming his legal parent. How should we proceed after marriage?

James G. Ahlberg
James G. Ahlberg
answered on Aug 9, 2023

After marriage you and your new husband can file a petition for adoption of the child. Do NOT try this on your own -- there are too many opportunities to do it incorrectly and the stakes are too high! Hire an attorney who does adoptions and let him or her make sure all the details are handled... View More

2 Answers | Asked in Child Support, Divorce and Family Law for Illinois on
Q: In Illinois, is child support mandatory in a divorce?

I do not need or want child support from my child's father (the noncustodial parent)

James G. Ahlberg
James G. Ahlberg
answered on Aug 5, 2023

Child support is for the benefit of the child, not the parent who receives it. You absolutely should not deprive your child of the benefit of having extra money for its benefit. Furthermore, the judge is likely to require child support be paid. The amount will vary depending on a comparison of your... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: What happens if a father abandons his child and stops paying child support? what can I do?

He has texted me threats before my child was born on taking the child and sending his lawyers after me i never got calls from anyone but he never showed up kept lying and all of a sudden hes trying to take my child away he moved with his new child and his wife he cheated on what do i do

James G. Ahlberg
James G. Ahlberg
answered on Aug 5, 2023

What you do is go see a lawyer as quickly as you can. Do it Monday, if possible. File a paternity case asking that he be named the father, that the court order him to pay you child support, and that the court establish parenting time (formerly known as custody). Until this process is started, each... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: My sons father has been banned from talking to me, only wants to communicate with my parents for our child.

My sons father has been banned from talking to me,(by his girlfriend) he only wants to communicate with my parents for our child. My parents rather not be involved. Since they are not my sons parents. what should I do?

James G. Ahlberg
James G. Ahlberg
answered on Jul 24, 2023

If neither you nor your parents want communication to be routed through them, they should refuse. They can just hang up when your son's father calls, and refuse to respond to text messages, emails and the like. I'd encourage them to not respond at all except to his very first contact,... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Sold property 3yrs ago quit deed sale buyer never recorded now town fining me for violations can I resell to pay fines?
James G. Ahlberg
James G. Ahlberg
answered on Jul 17, 2023

No. Once you've received payment and delivered a deed to the buyer you no longer own it. You can't sell what you don't own. Contact the town, provide them a copy of the deed, let them know when that transaction took place and give them the buyer's name, address, telephone number... View More

2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: My father had legally by court fully custody of my brother his 14 years old my father passed away two weeks ago

I want to see how I can filled to get his custody legally now his mother is not in the picture

James G. Ahlberg
James G. Ahlberg
answered on Jul 17, 2023

Assuming you are legally an adult (18 years old or more) you need to petition the local circuit court for guardianship of your brother. Your best bet is to contact a lawyer who practices family law (try Googling the term "custody lawyer" or "guardianship lawyer" to find one near... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: Can a renter in Illinois claim property from the land lord after living there for twenty years?

If a renter occupies the property for twenty years can they claim the property through squatter rights. Would attending the condo association meetings, and paying fees be enough. Are there any other actions the renter would need to take to get the property?

James G. Ahlberg
James G. Ahlberg
answered on Jun 29, 2023

If you are a renter you are a permissive user. In other words, the owner of the property has given you permission to occupy it. Permissive use NEVER ripens into a situation allowing you to claim adverse possession (what you refer to as squatter rights). The only action you can take to get the... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Buyer did not show for closing. Seller had vacated property day before closing. 14 days later buyer has still not closed

Seller is staying with friends, she is 72 yrs old, retired and cant even put an offer on another home. Any recourse possible?

James G. Ahlberg
James G. Ahlberg
answered on Jun 8, 2023

Seller should find an attorney practicing in the field of real estate an make an appointment immediately. She should bring all the paperwork related to this transaction to the appointment. There is a remedy called "specific performance" which may be available to her if the real estate... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Who owns when a prop tax bill reads: my friends name on 1st line, estate of my friends dead exstep mother in law on 2nd?

My friend has a property that was inherited to her husband when his father passed away. His will read that his current wife reside in the house until her death, then the property was to go to my friend and her husband. The current wife died about 3 years ago. My friends husband has also passed. Who... View More

James G. Ahlberg
James G. Ahlberg
answered on Jun 1, 2023

The order in which names are listed on the tax bill cannot be relied upon and doesn't prove who owns anything. If your friend is concerned about this, her best bet it so take all of the relevant documents (her father-in law's will and death certificates for everyone involved who has died... View More

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: I am trying to adopt my girlfriends daughter, the father isn’t on the birth certificate and never met the daughter.

Father isn’t on the birth certificate and was given many chances to meet his daughter but has only met her once for 5 minutes since she was born he refuses to answer any texts or calls and No DNA test was done. Would we need his consent for the adoption or do we have to take him to court.

James G. Ahlberg
James G. Ahlberg
answered on May 22, 2023

You either need his written consent or serve him with your Petition for Adoption and give him a chance to appear in court. Don't try this without a lawyer! Adoption has a number of details that need to be handled exactly correctly. Acquiring a child in this manner should not be left to "I... View More

1 Answer | Asked in Family Law for Illinois on
Q: Im 17 turning 18 soon can i legally move out?
James G. Ahlberg
James G. Ahlberg
answered on May 10, 2023

Legally, you become an adult on your 18th birthday. It's a double-edged sword, however. On the one hand, you may be free to move out; on the other hand, your parents are no longer obligated to support you (assuming you are not suffering from a significant disability) and they will not be... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Illinois on
Q: Do I have the right to change the locks or deny access to the house for items?

My long term girlfriend 3 1/2 years moved out after cheating and moving in with a married couple around 2 hours away. Everything in the home including title work, hills, etc is all in my name. She does get some mail and bills of her own at the address. After a long period of lying and deception,... View More

James G. Ahlberg
James G. Ahlberg
answered on Apr 17, 2023

While you have no right to keep her personal property, you have the right to impose reasonable conditions on how she gets it back. That includes requiring the items be recovered while you are present. If your assessment of her as a liar is accurate, be sure you have a friend with you when she is in... View More

1 Answer | Asked in Consumer Law for Illinois on
Q: Is an orthodontist allowed to deny to see me as a patient based on a debt my parents had with their office in the past?

I am 22 years old now and financially independent from my parents. I have great credit and no debts. I went to make an appointment with an orthodontist, but they said the Dr may not accept me as a patient because my parents never paid off the braces I had when I was 12. I didn't finish... View More

James G. Ahlberg
James G. Ahlberg
answered on Apr 14, 2023

An orthodontist (or any professional) can refuse to see you for any reason, other than one based on discrimination against a member of a legally protected class. For example, he can't refuse to see you because you are black or white, Buddhist or Baptist, married or single, and so on, because... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My Landlord is requiring my roommate and I to pay the outstanding balance left from a previous tenant. Is this legal?

They are stating we assumed liability once we signed the lease, but was never made aware that there was an outstanding balance on the apartment. Is it our responsibility to pay, or do the previous tenants have to pay?

James G. Ahlberg
James G. Ahlberg
answered on Feb 23, 2023

You don't owe rent for any time prior to the beginning of your lease. The sole exception would be if the terms of the lease explicitly state you are assuming liability for the rent left unpaid by a previous tenant -- something I've never heard of in a lease. If your landlord wants to... View More

1 Answer | Asked in Divorce for Illinois on
Q: As i live out of state, how do I remotely submit documents into evidence in divorce court in Illinois?
James G. Ahlberg
James G. Ahlberg
answered on Feb 6, 2023

This is a question best addressed by the Clerk of the Circuit Court for the county in question, since the answer may vary depending on the county in which the divorce was filed. Do a Google search for "circuit court clerk for (insert county name) county, Illinois" to find the appropriate... View More

1 Answer | Asked in Divorce for Illinois on
Q: If a decree says husband is responsible for deductibles for dependent care coverage does that cover all daycare expenses

Decree states “Any unreimbursed medical, dental, optometric, orthodontic, pharmaceutical, counseling, office visits, co-pays, and deductibles for dependent care coverage for the parties' minor child not covered by said policy of insurance or

health insurance benefits, shall be paid... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 6, 2023

Probably not. Each of the things listed in the quoted portion of the decree deals with medical care and health care. Daycare is generally not considered to be medical care or health care related. If the cost of daycare was going to be addressed in the decree, it would be in a different paragraph or... View More

2 Answers | Asked in Employment Law and Contracts for Illinois on
Q: Signed non-compete in IL, that I must give 10-day notice & name of my next employer before quitting. Do I have to do so?

I signed a con-compete in Illinois that reads "If for any reason I decide to voluntarily resign from the Company, I acknowledge that the Company requests that I provide at least 10 business days written notice of my intent to leave, the date I want to leave, and (as soon as I know it) the name... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 2, 2023

I strongly encourage you to have the entire agreement reviewed by a lawyer experienced in employment law to determine how the quoted material stands in relation to the rest of the agreement. It is important that you understand I'm assuming everything within the quotation marks of your question... View More

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1 Answer | Asked in Real Estate Law and Estate Planning for Illinois on
Q: I need to change my farm land recording to my trust. My attorney has not followed through. Can I record it myself?
James G. Ahlberg
James G. Ahlberg
answered on Jan 27, 2023

First, call your lawyer and ask why he hasn't followed through. There may be some obstacle that's needs to be removed first, and he's working on it for you. Second, if your lawyer doesn't have a good reason for not following through, find another attorney. You can record... View More

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