To live with me, the father. She’s been here one week transferred schools and is settling in well, now her mom found out her husband is going to jail and will not be there an she needs a sitter for the other children so she wants to take my daughter back. My daughter wants to go back because she... View More

answered on Nov 16, 2023
Under these circumstances, it is unlikely that you would prevail in this case unless you could prove that the mother knew it was happening and chose not to intervene. There are over 15 relevant factors but this is the biggest one in this situation. The law errs on the side of stability. If the... View More
My ex wife who had 2 children by my biological father and I left Illinois with a known address but wasn't notified and now the child in question ❓ is 45 with grandchildren and my ex is still receiving and I went to a court but they said they couldn't stop my social security benefits... View More

answered on Nov 11, 2023
Let's try to uncomplicate these issues a little bit. Your ex wife had 2 kids with your father but was never married to him. He is now dead. Do I have this accurate so far? One of those children is 45 with grandchildren. Your ex is receiving what and why?
Identity theft. Get a... View More
I'm retired, and handicapped, living in Florida. Her granddaughter found her obituary on line this week. My mother passed away Sept. 8. She passed away in Great Lakes. None of the family was notified. I can't find out where her personal belongings are or even where she died. The police in... View More

answered on Nov 9, 2023
I found the obit. Did you call the funeral home at Seguin and Symonds Funeral Home in Highwood? Somebody paid for the funeral. I am guessing that she got married to someone who lived in Great Lakes. The funeral home usually puts people in touch with each other.
I am the custodial parent, when I filed for child support I informed them that he was abusive. I am uncomfortable with him having any of my personal information.

answered on Nov 3, 2023
Yes, they do. Block out any personal information you do not want him to have. It just needs to have your name on it, not your address.
Just needing clarification on whether or not the courts are notified each month that I successfully paid my car insurance.

answered on Oct 28, 2023
The DMV is required to verify it and suspends your license if you do not comply. There is not ongoing communication with the court system, but the state keeps track of your license and that information is submitted to the court when you are
In trouble the next time.
fighting DCFS. judge took disposition under advisement as we provided exhibits to back our testimony that caseworker had lied about having an empty file for respondent parents. Evidence given were emails from the case worker suggesting where to go for assessments, certificates of completion, drug... View More

answered on Oct 18, 2023
Yes. Sometimes a judge wants to make a written finding and send it to everyone in writing, sometimes they want to enable saving face for a party or a witness. Or sometimes they haven't made their mind up yet and are rethinking witness testimony. There can be a number of reasons for a judge... View More
My 56 yr old brother is deaf, developmentally disabled and alcoholic and now using weed as well. He has become out of control and has become violent towards me. In the past year he has been evicted from his apartment, kicked out of a motel, kicked out of a homeless shelter and now staying in... View More

answered on Oct 9, 2023
It should not be a long process. File a Petition to Terminate Guardianship and a Petition to Appoint the Office of State Guardian. If you are indigent, filing fees can be waived. OSG will normally take guardianship in indigent cases. If not indigent, find out from Circuit Clerk who your local... View More
She rarely visits her & I'm there every day. Our other siblings don't care. She has lied to our mom about how she can't sell her house to me by law & other things regarding the spending of mom's money. She has also started buying luxury items & vacations etc. All I... View More

answered on Sep 30, 2023
File a Motion for Accounting of your Mother's Assets. Maybe you can find that she has misused your Mother's money. Then you have a basis to have her removed as POA and may be able to file for guardianship.
It is possible that an Order of Protection could be sought. Talk to a... View More
Paxton, Champaign and Urbana, Illinois.

answered on Sep 15, 2023
If the statements were made under oath, the persons making same could be charged with perjury. However, if they make same in dcfs reports or some such thing, they are not under oath and many things are a matter of opinion.
The child is a 15 year teen who's objecting to sale of a pc costing over $1000 & purchased by other parent. Parents are divorced

answered on Sep 8, 2023
The pc was a gift from one parent to the child. If the other parent takes it away against the child's wishes, the other parent is committing theft from that child. It was not a gift to the other parent. That is how I look at it. Some other lawyers may look at it differently.
There is a guardian (co-guardians in this case), a will, and a trust. The ward dies, the will has no written instructions for disposition of remains. Who is the 1st person legally responsible for making decisions about the disposition?
The guardian, the guardian who also is executive... View More

answered on Nov 16, 2022
Powers of attorney and guardianships end at death. The only person with any legal authority is the executor of the will, who will have letters of office. That person has to see to it that bills are paid, including the funeral, cremation, etc.
My ex and I lived in the same house but we’re not married and my ex decided to take my son from my home that he did not bring him back to and when I did call Madison County police they said there was nothing they could do because there was nothing in writing and I recited to them the section of... View More

answered on Nov 16, 2022
Parental kidnapping is federal law and is under the Parental Kidnapping Prevention Act. It is defined as hiding the child from a parent for over 14 days. That is usually taking the child across state lines.
Your situation can be resolved by filing a Petition for Allocation of Parental... View More
I’m trying to find out if my ex is supposed to be pay half for our childrens cell phones and cell phone bill. He tells me that the child support covers that.

answered on Nov 16, 2022
There is no law that a child has to have a cell phone or a car. If either parent chooses to provide a child with same, that is their choice and their expense. Child support is for basic necessities, i.e. food, clothing, shelter, utilities, transportation to and from school and activities. A cell... View More
i am a victim in a domestic violence case and i got a subpoena. i understand i have to be at court and i will but i don't want to testify because i don't feel comfortable i have social anxiety. i have never been in trouble before and i don't know my rights. what happens if i refuse to testify?

answered on Nov 29, 2023
If you refuse to testify you can be arrested and charged with obstruction of justice or some other penalties. You have been subpoenaed. Failure to appear and testify is a violation of the law. Most state's attorneys have victim witness coordinators. You should call that person at the... View More
Are there any pro Bono attorneys? I've been unable to work because of mental health issues is there anyone that could help

answered on Nov 29, 2023
I assume that you are being sued and have to defend a Rule to Show Cause. You should explain your reasons to the judge. If you have not previously filed a petition to modify child support, you should and explain why you cannot earn the same living as you did previously. Your reasons should... View More
Divorce judgement from 2015 with rule 304(a) written finding that there is no just reason for delaying enforcement or appeal or both. no motion reconsider or appeal filed within 30 days. No relief from judgement within two years. However court transcript obtained and they don’t match written... View More

answered on Nov 14, 2023
What is the issue? What are you fighting over? Need more details.
That is the general rule but a judge might consider something very aggregious.

answered on Nov 14, 2023
Most banks do not allow 3rd party checks anymore. Use the $300,000 check to open up a checking account.
They will hold it for x days before
They will let you have it after that.
He’s filing for visitation rights. I have not denied him to see our son , I’ve tried to get him to come get him & he would tell me no. The only reason why I know there is a progress call is because I reached out to him about our son and that’s when he told me the court date. He told me on... View More

answered on Nov 12, 2023
A lawyer first needs to see the papers he has filed. Go to the courthouse and get them.

answered on Nov 9, 2023
Those are usually must appear tickets. He should plan to be there and hire a traffic lawyer. He MIGHT be able to appear by Zoom and not have to physically be present. The circuit/district clerk in that county could tell you
He's been a convicted felon on drug charges, multiple times. He's got a rap sheet of more than 30 domestic violence happenings, currently has an open case pending against him for driving with no license, no insurance, wrecked the vehicle trying to escape police WHILE on meth, was charged... View More

answered on Nov 7, 2023
Because all of that evidence probably has not been presented to a judge. It might be because he only exercises his time when he is sober and in a good mood.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.