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Questions Answered by Marilyn Johnson
1 Answer | Asked in Child Custody for Illinois on
Q: I have a court order for reunification therapy and the kids, which are 10, 13 and 15 say they do not want to see me?

I have not seen them or talked to them since January 2019 and all I get from the counselor is she can not force them, but shouldn't I just go to the sessions? I have not been included in them. Is this not in compliance with being court ordered? Sounds like I need a new therapist too.

Marilyn  Johnson
Marilyn Johnson
answered on Oct 29, 2019

You must obey the court order and attend the therapy sessions. The children must also attend the therapy sessions and the other parent of your children must obey the court order and take them to the sessions. The therapist will decide how to conduct the sessions. However, in the event that you... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: We are not married and have a infant child. Who can have custody of a child and percentage of child support?

We reside in ILLINOIS when we had our infant baby and we are not married yet. We now live separately and currently child is with my ex. Does child’s mother automatically become primary care? What are my rights of seeing my child? Do I have any control of when I can see my child? What is the... View More

Marilyn  Johnson
Marilyn Johnson
answered on Oct 22, 2019

You need to file a Petition to Establish the Father-Child Relationship. The child's mother needs to served that petition. You must ask the court for a finding that you are the biological father of the child. Even if you signed a Voluntary Acknowledgment of Paternity, either party can request a... View More

2 Answers | Asked in Divorce for Illinois on
Q: IL Divorce- What forms needed to show judge we don’t want 401k from spouse or for them to pay our cc debt?

Spouse and I are in complete agreement on non-simplified divorce in IL. We want to each be responsible for debts only in our names and neither of us want half of the other’s 401k. We want to be able to settle our divorce without splitting the debt or taking half of retirement

.What... View More

Marilyn  Johnson
Marilyn Johnson
answered on Oct 22, 2019

You need to prepare a Judgment for Dissolution of Marriage and attach a Marital Settlement Agreement. You can include provisions in the Marital Settlement Agreement as to terms that you and your spouse have agreed to. The court will review the terms of the agreement and approve it or request that... View More

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Ok im about to lose my parental rights to Dcfs after a year + fight after I had a terrible divorce where in the end i as

I had no support, rransportation, developed a drug habit due to lose of my son alienation and depression hwith no job money or anything how do I get my baby back?

Marilyn  Johnson
Marilyn Johnson
answered on Oct 18, 2019

You will have to prove to the court that you have rehabilitated yourself by the very least being drug free and obtaining a job . This will more likely be a long process for you. Hopefully, you will have supervised parenting time with your child during your recovery.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: What documentation or information would i need to overturn a judges ruling for sole custody to become a custodial parent

My daughter is 12 and her mother has had sole custody of her since she was 1 year old. I attempted to file for joint but was immediately denied by the judge. Recent my daughter has been exhibiting signs of distress about her home life and has been acting out to the point of even running away and... View More

Marilyn  Johnson
Marilyn Johnson
answered on Oct 17, 2019

You need to retain an attorney who can advise you in regards to a change of custody. You do not state the allegations contained in your petition for change of custody which may have a bearing on any petition that you may file.

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: divorce: Have two young children 2 yr old and newborn what does custody possibly look like? do I have to stay in state?
Marilyn  Johnson
Marilyn Johnson
answered on Oct 17, 2019

More information is needed in order to answer your question regarding custody. If you want to relocate to another state and you have custody of the children, you will need to have an agreement with the other parent or petition the court to relocate.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: How long do I let my ex go on not telling me about our child's medical appointments?

My ex and I share joint and legal custody and defined primary decision making in different areas in the case we cannot agree. My ex has taken our child to several appointments for conditions that they deem as medical but has not told me about any of them. I'm finding out about the appointment... View More

Marilyn  Johnson
Marilyn Johnson
answered on Oct 10, 2019

You must refer to your Judgment for Dissolution of Marriage to see what it states regarding medical appointments. If your ex is supposed to inform you of these appointments prior to the date of the appointment and your ex is not doing so, then you can file a Petition for Rule to Show Cause for a... View More

1 Answer | Asked in Family Law and Elder Law for Arkansas on
Q: Can I be forced to be my father’s POA or guardian? I do not want to be
Marilyn  Johnson
Marilyn Johnson
answered on Oct 8, 2019

Absolutely not.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: husband pasted away 18 years ago was given money donations put money into savings accounts for the 2 girls we had

but had to use the money for things that came up can they sue me for the money

Marilyn  Johnson
Marilyn Johnson
answered on Sep 23, 2019

It depends on who gave you the money and any restrictions that may have been put on it for the spending of it. Additionally, it may depend on what you used the money for-as was it for the benefit of the girls or was it used to buy yourself a piece of jewelry.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can I change my daughters last name if the father does not do anything to support the child?

I currently live in Illinois and after a year of hoping that my daughters father will change he did not. He does nothing to support her and cost me more money than anything. I want to change her last name because of that. Do I need a lawyer for this? Can a lawyer help me prepare the paperwork for... View More

Marilyn  Johnson
Marilyn Johnson
answered on Sep 23, 2019

You can file a petition to change her surname. It is not automatic because the court will consider all the reasons why you are a requesting a name change and the father's involment in the child's life. You should consult with an attorney.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: what can I do if the father hasn't taken the dna test in court... after the courts has ordered him to twice?

my child is one years old and I have put the father on child support, he has been served and ordered to take a dna test twice yet he has failed to do so, the judge has put a warrant out for his arrest yet he still hasn't been caught, and now my case is up for a progress call. can I ask the... View More

Marilyn  Johnson
Marilyn Johnson
answered on Sep 23, 2019

If you put his name on the birth certificate and he signed the Voluntary Acknowledgement of Paternity the court could enter a needs based child support order. If he is employed and you know where he is employed, you could send a subpoena to his employer for his income documents. Hopefully, he will... View More

1 Answer | Asked in Family Law for Illinois on
Q: Hi I am in Illinois my question is listed below.

can I petition the court to compel my ex to limit our child's screen time, feed him nutritious foods, and discipline our son?

Marilyn  Johnson
Marilyn Johnson
answered on Sep 15, 2019

If you believe that your former spouse is not acting in the best interest of your son, as abusing or neglecting him, you can petition the court for relief.

1 Answer | Asked in Family Law for Illinois on
Q: Daughters father not paying for 50% portion of school fees as stated in court order. Is court needed to make him pay?
Marilyn  Johnson
Marilyn Johnson
answered on Sep 9, 2019

If he is not obeying the court to pay his 50% share, you will need to petition the court for relief. File a Petition for Rule to Show Cause for a finding of contempt. Make sure that you have obeyed the court order as far as tendering him receipts, etc.

1 Answer | Asked in Family Law for Illinois on
Q: Can I petition the court myself to move a minor out of the state? or does an atty have to do that.

My wife and I have guardianship of our grandson. In order to move him out of Illinois I have to petition the court. Our Attorney want $750 to file this. He has already used up the $2000 retainer fee to get the father to pay child support. (which has gone nowhere, and we have seen $0 from him), and... View More

Marilyn  Johnson
Marilyn Johnson
answered on Sep 9, 2019

Yes. You can represent yourself in court in regards to a petition to remove the minor child from the state. Before you do so, ask your attorney to withdraw from the case.

2 Answers | Asked in Bankruptcy, Family Law and Child Custody for Illinois on
Q: I owe my child custody lawyer over 16k... can i file for bankruptcy, either chapter 7 or 11 ti wipe out this debt?

Ive paid over 8k. I have nothing left

Marilyn  Johnson
Marilyn Johnson
answered on Sep 15, 2019

Yes but you would have to be within the requirements of the means test as to income and expenses. Additionally, your assets would be considered by the court. In any event, you would be able to file a Chapter 13 if you do not qualify for a Chapter 7.

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1 Answer | Asked in Family Law for Illinois on
Q: Family Law question.

Family Law question. We were granted by the court permission to move 60 miles away, still in Illinois, but right on the border of Wisconsin. We would like to move about 15 miles from our current residence right over the border to Wisconsin. From what I understand I do not need permission from the... View More

Marilyn  Johnson
Marilyn Johnson
answered on Sep 3, 2019

I am not sure who you mean when you say "we" were granted permission by the court to move 60 miles away. You need to indicate where the other parent resides.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Joint custody

A non married couple, no longer reside together and have a baby together. If they were to seek joint custody, would either of them, legally, be able to keep the baby and not return him? Thank you.

Marilyn  Johnson
Marilyn Johnson
answered on Sep 3, 2019

In Illinois, the father would have to establish paternity. When joint custody is awarded, there would also be an order for a parenting plan. The parenting plan would specify visitation times for both parents. Neither parent would be able to keep the baby from the other.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Does it reflect poorly that I didn't involved my ex in paying school fees when I'm the one responsible for payment?

I'm responsible for enrolling our children in school and paying the fees. My ex is sending me repeated messages that I did not involve them in the process(?). The children picked out their classes prior to the end of the school year and I sent that info to my ex months ago. One child was... View More

Marilyn  Johnson
Marilyn Johnson
answered on Aug 18, 2019

As long as you complied with the court order, there should be no issues with your actions that you described.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can my sister and I be charged with child Abduction?

My child’s mother and I got into an argument after having a few drinks. The situation escalated quickly and I didn’t want my son exposed to it unnecessarily. At first my son’s mother agreed to let me take our son with me to my parent’s home. I called my sister for a ride. When I began to... View More

Marilyn  Johnson
Marilyn Johnson
answered on Aug 18, 2019

You need to file a Petition to Establish Paternity. Obviously you both should not be drinking in the presence of the child as it caused you both to not have very good judgment. In court you will be able to establish custody and set a parenting schedule.

1 Answer | Asked in Family Law for Illinois on
Q: I have sole responsibility of my children, I recently filed a motion to modify visitation due to my son starting school.

When we went to court the mother disputed asking why she can't pick him up from school, this was to modify her Wednesday visitation she has visitation from Wednesday 10am until Thursday 8am. We have another Court date Monday for a hearing. Is there a motion I can file for her to produce her... View More

Marilyn  Johnson
Marilyn Johnson
answered on Aug 18, 2019

You need to file a Notice to Produce and ask her to produce her work schedule. As far as the pick schedule from school, you are very unclear as to what is actually happening so it is difficult to respond to your question.

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