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Questions Answered by Robert B. Buchanan
1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: What is the time frame for this whole process? I haven't gotten a date for a hearing. It's been well over 30 days.

I filed a petition with the court to relocate but I haven't gotten a date for a hearing. I feel as though I'm being held hostage by the state of Illinois. If he's not complying to the parenting plan (he doesn't see them, call them or pay child support) why do my boys and I have to remain where we... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 19, 2019

Did you present your motion to the court?

The court should have entered an order setting the tentative schedule.

The court doesn't give you a first court date without you asking for it.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I want to move from Illinois to Missouri with my children but my ex husband will not allow it

So after he said no, I filed a petition with the court. I haven't gotten any response from the court at all. School has started and it will be better all the way around if we moved. What can I do, if anything, to speed up the judge to get a court date? What will happen if I just moved without... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 18, 2019

You will not get a response from the court without having a trial.

You have to present your motion to the court by scheduling it per the clerk's instructions.

The court will then set a briefing schedule and set the matter for hearing.

The rules of evidence are complicated...
Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My son lives in Nevada with his mom and hates it and wants to move to Illinois with me. What is the easiest way to do

He is 12

Robert B. Buchanan
Robert B. Buchanan answered on Aug 15, 2019

Unless you have a custody judgment in Illinois, any court case will have to be in Nevada.

Diplomacy is easier than court. Would the mother be amenable to a conversation? I would start there first.

Good luck!

2 Answers | Asked in Divorce for Illinois on
Q: What does summons retd ns mean in a divorce? Does that mean the divorce was cancel.?
Robert B. Buchanan
Robert B. Buchanan answered on Aug 12, 2019

It means the Sheriff was unsuccessful in their attempts to serve your spouse.

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1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: How can a mother give a child my last name with out my consent, and does that makes me legally the parent in Illinois?

My daughter had a last name change because her mom put the wrong man down as my daughter Father's so she changed her last name with out my consent and my name is still not on my daughter's birth certificate, does that make me the father of this child and could the mom be in trouble for not getting... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 8, 2019

Assuming you are not married to the mother, the name on the birth certificate does not determine whether you are the legal father.

To be the legal father, if you are not married to the mother, one these things has to happen:

- A judge signs an order saying you are the father;...
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1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: Can a mother take her child (2 1/2) from the custodial father just to get child support when he’s had her for a year?

The mother of the child has often threatened to take their daughter, and has done so for short periods, when she is angry with the father. The father lives with his parents, and his mother babysits when he’s working. The mother is agreeable with this situation. The mother rarely takes their... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

Yes, she can, unless there is a court order.

The father could file a custody case and file a motion to maintain the status quo. If the motion is granted there will be a court order establishing the current schedule and saying that mother cannot do whatever she wants.

1 Answer | Asked in Family Law for Illinois on
Q: After living with my civil partner for almost 20 yrs. Who has supported me can I contest the will for provisions

has just died he left a will in 2015 leaving me our pif condo, but we have since sold it.bought a house & a business he intended to update this even called a lawyer made an appt. from his hospital bed but was too sick to go. now I must split this with his 3 children. I have to move, so they can... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

I would suggest posting this to the probate or estate planning section of this website.

1 Answer | Asked in Family Law for Illinois on
Q: Orthodontist expenses when only deemed medically necessary.

There is a court agreed order about orthodontist expenses: It reads "shall contribute towards orthodontist if deemed medically necessary and not solely for cosmetic purposes." The other parent does not want to provide proof. It was requested that we would take her to the consultation so we get a... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

Document your attempts to get proof. Email is a good method. Make your requests simple and clear. You may need them in court, if you can't come to an agreement. Be wary however, fighting in court can cost more than "braces."

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Ex-husband just got out of prison in Nebraska and thinks he can just come to Illinois and get his kids when he is out...

The kids and I live in Illinois, he lives in Nebraska, currently on parole. We moved to Illinois just after he became incarcerated in Nebraska 4-5 years ago. The divorce was finalized after I moved as well as the custody agreement that I had full physical custody of the children. He has been out... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

Depending on his past actions, you might be able to file for an order of protection.

I would put your local police and school on alert regarding his background and his intentions.

1 Answer | Asked in Divorce and Child Custody for Illinois on
Q: Me and my husband still married we seprated in 2013 yoingest was 8 months. i had to move back home to alabama due to

Not havint family in illinois i left 3 of my 4 daughters ygere my oldest has a differe ntfather i allowed my husband to come back and get her (shes the only father shes ever known) i trusted him i made the decision to do so bc i wasnt stable.. It didnt take me but about 3 months to get on my feet... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

Hi! If the kids are in Illinois, you need to start either a custody or divorce case depending on whether you're married.

Once the case begins, the judge may schedule mediation which will be an opportunity to talk the father what you're hoping for.

There's no legal requirement you...
Read more »

1 Answer | Asked in Child Support, Divorce and Military Law for Illinois on
Q: What can i do about my outrageous child support amount? i left the military and i tried to change the amount.

The case was originated in hawaii. I was discharged from the military back in june of last year. My child support was calculated off of my income, in which i am no longer making near the amount. I literally cannot pay my bills. I sent in a modification request, although now im receiving threats... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

It sounds likes you need a lawyer in Hawaii to file a motion to modify child support based on your change in income.

2 Answers | Asked in Divorce for Illinois on
Q: I am currently trying to divorce my husband he was telling me husabnd not allowed to tell me the lawyer's name or number

Normal for a divorce lawyer do not give the spouse a number or a name?

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

Hi! No this is not normal. When someone hires me I welcome them to give their spouse my name and number. It sounds like he's playing games for some reason.

I would consult with an attorney asap, especially if there are kids involved.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: my sister is 17, her parents have joint custody. Her mom won’t let her move to ny with her dad. Can she just leave?

Her mom is verbally and mentally abusive. I am her 20 year old sister and I am willing to take her to NY. The parents have joint custody so can her mom stop her from going to him? I thought that after a certain age a child can choose where they want to live? Well, her mother doesn’t even give her... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

The only person that can file a case in custody court is her mom or dad.

If she's not living with Mom or Dad, the person she's living with can file a guardianship case.

A child's wishes are a factor in a custody proceeding but it's not the end all be all. The older the child is,...
Read more »

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: The judge ordered my husband and I to see a mediator for a parenting plan. We've already see the mediator

Now the judge has to sign off on the parenting plan to make it an official court ordered paper. We've had to reschedule/ ask for an extension two times already because neither my ex- husband or his lawyer show up to court. My lawyer doesn't tell me much, all he tells me is that my ex- husband's... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 1, 2019

Your lawyer needs to be putting pressure on the other lawyer and the judge to finalize things. If I were your lawyer, I would think about filing a motion for attorneys fees if they are actually wasting time - but that would be an extraordinary measure.

The judge won't let endless...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: What is an in-camera judge appearance like to a child?

My child is scheduled for an in-camera meeting with the judge regarding primary residency during the school year. My child is 12 and is nervous about the other parent badgering them about what is discussed. I want to be able to reassure my child.

Thanks

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

The professionals involved in contested custody proceedings are usually very understanding of the stress the interview may cause the child. The judge will be personable and informal with the child most likely.

I agree with the other attorney that suggested a restraining order re...
Read more »

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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Our marital house hasn’t been settled in court but he has had 3 occupants move in- is that legal? (Illinois)

I had to move out in dec last yr due to his emotional and mental abuse/accusations. And he refused to leave- And I didn’t want my children to witness anymore... im currently renting a house until I can either get my house back- or if forced, sell and purchase a new home. I have the children... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Jul 22, 2019

If you have a pending divorce, you should file a motion to address everything you mentioned and to request temporary relief.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: If I was summoned in Illinois incorrectly do I need to show to the court date?

My husband has summoned me for a dna/parternity test as well as custody for our son. We had our son prior to our marriage, and he is not listed on the birth certificate. My son and I fled from Illinois for our safety, and my mother said a sheriff came to her house to give her summons for me, even... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Jul 20, 2019

You should hire a lawyer to file a motion to quash service.

1 Answer | Asked in Child Support for Illinois on
Q: what does it mean when a child support case says off call

this case has been going on since 2003 child support

Robert B. Buchanan
Robert B. Buchanan answered on Jul 17, 2019

That there are no motions or petitions that the court needs to decide.

If you want the judge to decide an issue you need to file a motion or petition.

2 Answers | Asked in Family Law and Child Custody for Illinois on
Q: Does the Petitioner's request that the Respondent provide proof of valid DL before every child exchange seem reasonable?

First, this is part of a proposed temporary parenting agreement in lieu of a final order. However, the Petitioner has been withholding the child from the Respondent for over a year in the absence of orders, and has justified this with a list of entirely false but severe allegations. That said, the... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Jul 15, 2019

What's the basis of the request? Under what condition does this requirement ever end?

A never-ending baseless DL requirement is dracanion and unreasonable.

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2 Answers | Asked in Child Support and Family Law for Illinois on
Q: Can the state force you to partake in child support. When both parents had agreed on voluntary child support agreement.

My husband never missed a month of voluntary child support in the past 5 years and the DHS is trying to force the father (my husband) into getting it court ordered. Refusing us services even though we are low income. We are friends with the mother and share the kids equally. We even help her... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Jul 12, 2019

Yes, they can. But if you can get a judge to enter a nominal agreed court order it may work to alleviate the issue. Contact a lawyer to discuss.

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