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Questions Answered by James G. Ahlberg
1 Answer | Asked in Child Custody for Illinois on
Q: I would like to file for custody of my son I don’t want to completely take him from his mother what can I do

I have always had my son more ever since me and his mother separated which was when he was 1 now he is 5 and for the last year and a half we have both had him half and half because on Christmas of 2018 she tried to take him away and used her being the mother to keep him from me so she practically... Read more »

James G. Ahlberg
James G. Ahlberg answered on Mar 26, 2020

Your best bet is to schedule an appointment with a lawyer who practices family law. Bring any paperwork (court orders and such) you have related to the situation and explain to the lawyer what's going on and what you want done. If you don't know how to find a good lawyer, talk to friends and family... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Is unpaid leave equivalent to a separation in employment which would trigger pay out of earned vacation
James G. Ahlberg
James G. Ahlberg answered on Mar 26, 2020

No. The Illinois Wage Payment and Collection Act refers to an employee who "resigns or is terminated" as being entitled to receive his or her earned vacation pay. It wouldn't hurt to ask your employer if they'll pay out your vacation pay however. An employer can do it if you're on unpaid leave, he... Read more »

2 Answers | Asked in Employment Law for Illinois on
Q: I am a 63 year old woman, working for the same company 14 years. Company changed my position and didn't give me options.

This is an entirely different position. I was told in December that they were looking for a place to "put" me. I had no choice in the matter or given any option, company focus was changing to some extent. Went from outside sales management, to working with inside global education department, but... Read more »

James G. Ahlberg
James G. Ahlberg answered on Mar 18, 2020

Kyle Anderson's answer is fundamentally correct for Illinois as well. There are certain circumstances under which you may be eligible for unemployment even if you quit, but based on the information you provide it seems unlikely. You may wish to schedule an appointment with a lawyer familiar with... Read more »

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1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Illinois on
Q: I'm 16 and live in illinois. I want to be emancipated from my parents. How do I do that? My home is unsafe to live i

My house is in awful condition. Its unfit and unsafe to live here. My parents wobt consent to my emancipation and may become violent. I have people that would let me live with them. I dont know what to do.

James G. Ahlberg
James G. Ahlberg answered on Mar 14, 2020

It's not easy. To learn how it is done, go to this website: http://www.ilga.gov/legislation/ilcs/ilcs.asp

On the window that opens, click on Chapter 750 FAMILIES.

On the next window that opens, click on 750 ILCS 30/ Emancipation of Minors Act.

Pay particular attention to...
Read more »

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: I have an estate law question.

My father passed away in February. My sister obtained keys to his house and she is now refusing to provide me with a copy.

James G. Ahlberg
James G. Ahlberg answered on Mar 13, 2020

You don't provide enough information for anyone to give you solid advice. Did your father have a will? If he did, who did he leave the house to? Has an estate been opened in your father's name? If so, who is the executor or administrator and what are they doing about this situation? If an estate... Read more »

1 Answer | Asked in Child Custody for Illinois on
Q: My 17 year old daughter wants to move out of state to live with me she says her mother is getting abusive

I live in Missouri and she lives in Illinois

James G. Ahlberg
James G. Ahlberg answered on Mar 12, 2020

Assuming your custody or parenting order was issued by an Illinois court, you need the court's permission for your child to move out of state. It is more complex an issue than it seems -- don't try to do this without a lawyer who knows what to do and knows the evidence that's necessary.

1 Answer | Asked in Employment Law and Business Law for Illinois on
Q: Can an employer demand reimbursement for hiring expenses if the employee quits?

Employee has been employed for 3 months and this was never disclosed as a condition of employment. No contract/agreement is in place agreeing to reimburse employer for hiring expenses.

James G. Ahlberg
James G. Ahlberg answered on Mar 11, 2020

No.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can a child request a change in parental time?

Our child would like to change parental time but know it will upset the other parent.

Can I petition the court for a change on behalf of the child or would I be petitioning as the parent with cause?

If I am able to file a motion for change, what documentation can I provide to the... Read more »

James G. Ahlberg
James G. Ahlberg answered on Mar 9, 2020

You are the one who would file a motion or petition, not your child. The documentation you need is going to vary depending on the reasons the modification of parenting time is sought.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Im 20, my girlfriend is 16 .we have a baby coming and dont live together. What are my rights.

She lives with her mom. He mom doesnt want us together. Can her mom keep the baby from me. Since my girlfriend will be a parent does that make her an adult?

James G. Ahlberg
James G. Ahlberg answered on Mar 7, 2020

You've got a problem. The age of consent (when your girlfriend can agree to have sex) is 17 in Illinois. If you're 20, it appears you've committed statutory rape. Your girlfriend doesn't become an adult just because she has a baby. I'd say it's up to a court as to whether the girl's mother can keep... Read more »

2 Answers | Asked in Employment Law, Gov & Administrative Law and Small Claims for Illinois on
Q: Should I contact a lawyer first about reporting wage & labor disputes with my employer?

I worked for a restaurant chain since 2013. I was hired for 1 hourly position at a specific rate, then cross-trained & given promotions w/raises over the years. I've had issues for years with my time clocks being manually edited by different mgers, i was paid incorrect rates than what i was... Read more »

James G. Ahlberg
James G. Ahlberg answered on Mar 5, 2020

Ms. Dyer's advice is correct. I would add that you should bring all the documents you can find which back you up.

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1 Answer | Asked in Adoption and Family Law for Illinois on
Q: How do I stop an adoption in Illinois and they never notified me?

I have 2 children that my mother has guardianship of and the guardianship was filed in Indiana so I petitioned the court to terminate the guardianship. In return my mother goes and gets an attorney in Illinois and filed for adoption of my 2 children. I have not been notified of the adoption in... Read more »

James G. Ahlberg
James G. Ahlberg answered on Mar 3, 2020

You should immediately hire an attorney in the county where the adoption case has been filed. Bring all the paperwork related to the Indiana guardianship with you to the first appointment with the attorney. Explain what's happening and he or she should take it from there.

1 Answer | Asked in Family Law for Illinois on
Q: Can I start the name change process in Illinois before I turn 18?

Hello, I live in Illinois and want to change my name for personal reasons. I'm currently 17 years old but I turn 18 in April. I know that the name change process takes some time so I wanted to know if it was possible to START the process right now (file a name change notice in the newspaper and... Read more »

James G. Ahlberg
James G. Ahlberg answered on Mar 2, 2020

If you're going to do it on your own you've got to wait until you're 18 years old to file. If a parent or guardian is willing to sign documents for you, you can begin now.

1 Answer | Asked in Family Law and Adoption for Illinois on
Q: Can I get my parental rights reinstated if I signed them away a few years ago?

I signed my rights away when my daughter was being fostered by my cousin. I had a drinking problem but I’ve been sober for a while now. Can I get my rights back?

James G. Ahlberg
James G. Ahlberg answered on Mar 2, 2020

There is no way to answer this without reviewing the paper you signed at the time.

1 Answer | Asked in Real Estate Law for Illinois on
Q: who pays for Chicago Law Bulletin, Law group or their client?
James G. Ahlberg
James G. Ahlberg answered on Mar 2, 2020

If it is a subscription to the Bulletin, the law firm should pay. If it is a legal notice pertaining to a client's case, typically the law firm pays and is reimbursed by the client.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Sec. 513. Educational expenses for a non-minor child.

(a) states the court may aware sums of money out of the property and income.... for education expenses. Would an inheritance be used as a determining factor in what is available to pay for a non-minor child's higher education?

Would the court normally order a financial discover be done if... Read more »

James G. Ahlberg
James G. Ahlberg answered on Feb 26, 2020

The answer to both your questions is yes.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I went to go to the contest of selling my grandmother's property the judge was not in so I made

The judge and told me that already been sold and I tried to contest the shell but he didn't care

James G. Ahlberg
James G. Ahlberg answered on Feb 19, 2020

It isn't clear what your question is. I suggest you make an appointment with a lawyer so her or she can figure out your question and what to do about it.

1 Answer | Asked in Employment Law for Illinois on
Q: How should you handle a problem with your employer not paying you what is owed to you

My daughter’s employer does not pay her on time and does not pay her the full amount that she is owed. This has been going on for months.

James G. Ahlberg
James G. Ahlberg answered on Feb 18, 2020

Your daughter should file a complaint with the Illinois Department of Labor. This can be done on their website.

1 Answer | Asked in Employment Law for Illinois on
Q: I was interviewing internally for a position but it was given to an external candidate chosen by a client not my compan

I currently work for a major health insurance company in their preventative onsite solutions group. We are contracted by companies and work onsite with their employees. I have been with the company for nearly 9 years and a high performer. My current site is downsizing and I need to move to another... Read more »

James G. Ahlberg
James G. Ahlberg answered on Feb 18, 2020

I don't mean this to sound flippant, but you need to look for another job. It is not illegal for your employer to hire someone from outside the company on the recommendation of a client. Your fellow employee who told you it creates a co-employment situation is wrong. Even if they were right, what... Read more »

1 Answer | Asked in Legal Malpractice for Illinois on
Q: Would a complaint to the BAR resolve this?

Is this attorney blowing me off?

I was referred by email from considertheconsumer.com website last year to a Florida class action attorney regarding a robo- text I received repeatedly. The attorney was responsive from December 2019 to early February 2020.

I already signed a retainer... Read more »

James G. Ahlberg
James G. Ahlberg answered on Feb 14, 2020

Is the lawyer blowing you off? Probably not. Your case is called a class action because it involves hundreds, maybe even thousands of people. It isn't realistic to expect the attorney to respond immediately to every contact he gets from every one of them. Furthermore, you wrote he was responsive... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: Who has the legal overruling decision?

Who has the legal ruling decision wen my mom and dad share a home that m dad owned before they married and my mom doesn't want me there but my dad said I'm allowed to be there. Legally can I be there?

James G. Ahlberg
James G. Ahlberg answered on Feb 12, 2020

Yes, you can legally be there.

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