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Questions Answered by Cheryl Powell
1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Illinois on
Q: My Daughters step father sexually abused her she’s 15, Dcfs said she could no longer be around him so her mom sent her

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

Cheryl Powell
Cheryl Powell
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

1 Answer | Asked in Family Law, Child Support and Identity Theft for Illinois on
Q: I need a legal lawyer regarding a child support order that wasn't legal and identity thief by my deceased father .

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

Cheryl Powell
Cheryl Powell
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...
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1 Answer | Asked in Family Law, Elder Law and Probate for Illinois on
Q: Can you help me find out what happend my Mother ?

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

Cheryl Powell
Cheryl Powell
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.

1 Answer | Asked in Child Support for Illinois on
Q: In a child support, when giving documents on a notice to produce. Does the other parent have a right to view my items?

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.

Cheryl Powell
Cheryl Powell
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.

2 Answers | Asked in Traffic Tickets for Illinois on
Q: Hi! So, I made an SR22 filing with my insurance company - as the courts mandated me to. Does this get reported to them?

Just needing clarification on whether or not the courts are notified each month that I successfully paid my car insurance.

Cheryl Powell
Cheryl Powell
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.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Illinois on
Q: could we beat DCFS if disposition taken under advisement?

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

Cheryl Powell
Cheryl Powell
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

1 Answer | Asked in Family Law for Illinois on
Q: I Need to dissolve guardianship of my adult sibling. He’s out of control and abusive and nothing I do is helping.

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

Cheryl Powell
Cheryl Powell
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

1 Answer | Asked in Elder Law and Family Law for Illinois on
Q: Can my sister (POA of my 92yo mother in a nursing home) get an order of protection to prevent my visits with her?

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

Cheryl Powell
Cheryl Powell
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...
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3 Answers | Asked in Civil Litigation, Family Law, Arbitration / Mediation Law and Child Custody for Illinois on
Q: Can an agency be sued? For making untrue statements about oneself. children and grandchildren?

Paxton, Champaign and Urbana, Illinois.

Cheryl Powell
Cheryl Powell
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.

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1 Answer | Asked in Family Law for Illinois on
Q: Is it legal in Illinois for a parent to sell an item that was purchased by the other parent of a minor and given to them

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

Cheryl Powell
Cheryl Powell
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.

1 Answer | Asked in Estate Planning, Family Law and Probate for Illinois on
Q: Who has the legal authority to make decisions in regard to disposition of remains?

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

Cheryl Powell
Cheryl Powell
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.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What is the statue limitations on parental kidnapping?

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

Cheryl Powell
Cheryl Powell
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...
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1 Answer | Asked in Child Support and Family Law for Illinois on
Q: In Illinois does child support pay cover childrens cell phones and cell phone bills or is that an extra expense?

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.

Cheryl Powell
Cheryl Powell
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

1 Answer | Asked in Domestic Violence and Family Law for Illinois on
Q: Does a victim in a domestic violence case have to testify?

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?

Cheryl Powell
Cheryl Powell
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

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Hi,I have a case coming up Monday via zoom for back child support I've been looking for someone that can help me

Are there any pro Bono attorneys? I've been unable to work because of mental health issues is there anyone that could help

Cheryl Powell
Cheryl Powell
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

1 Answer | Asked in Divorce for Illinois on
Q: divorce judgement from 2015 with rule 304(a) written finding

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

Cheryl Powell
Cheryl Powell
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.

1 Answer | Asked in Family Law and Elder Law for Illinois on
Q: I have a 300,000 beneficiary check in my name Can I write it over to my sister- I don’t have a bank account?
Cheryl Powell
Cheryl Powell
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.

1 Answer | Asked in Family Law for Illinois on
Q: I was never served bc the father of my son gave the wrong address can I get another date or extension ?

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

Cheryl Powell
Cheryl Powell
answered on Nov 12, 2023

A lawyer first needs to see the papers he has filed. Go to the courthouse and get them.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: My 34 year old soñ has a court date ñext week for driving on suspended driver's licenseh 6⁶th offense in Arkansas. Wihat
Cheryl Powell
Cheryl Powell
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

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: If the father's a drug abusing, woman hitting, violent POS.. how can he have any child without having supervision?

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

Cheryl Powell
Cheryl Powell
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.

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