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Questions Answered by Cheryl Powell
1 Answer | Asked in Adoption, Child Custody and Family Law for Illinois on
Q: Can a parent sign over their rights to a friend after their child is put into foster care, In the state of Kentucky

The mothers daughter was put into foster care, at the end of the month she has court for termination of rights, and she would like to sign those rights over to me and my husband instead. We just want to know if that is even possible and how to proceed if it is.

Cheryl Powell
Cheryl Powell
answered on Jan 11, 2024

I can tell you what would happen in Illinois and the rules should be similar to Illinois. In Illinois, the child would be a ward of the court before a termination of rights case began. The only way you could get the child is if DCFS KY agrees. You need a lawyer who works with DCFS and does... View More

2 Answers | Asked in Family Law and Probate for Illinois on
Q: Beneficiary Rights to Mothers Estate, information is not being shared by Executor.

It appears that the Executor

is not being fair or impartial and it is not in the best interest of the beneficiary, my mom. I believe my grandma’s estate is being mis-managed. We would appreciate some guidance on what we, as a family, can do for my mom. Please let me know if you need... View More

Cheryl Powell
Cheryl Powell
answered on Dec 14, 2023

The first thing is that there are timelines. Was there a will? If so, it should be filed within 30 days of death. And an inventory should be filed 60 days after the will was admitted to probate. Has your mother received an inventory?

Timeliness are not as strict if there was no will.

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1 Answer | Asked in Civil Rights and Juvenile Law for Illinois on
Q: How to fight DCFS investigator who made false claims and manipulated information?
Cheryl Powell
Cheryl Powell
answered on Dec 7, 2023

It depends on what stage the investigation is at. If it has concluded, you should have gotten a letter and your appeal rights. If you got those, you should appeal immediately and seek a hearing. If you blew the timelines, it is too late.

If you are in court and awaiting adjudication, you...
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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 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 Custody and Child Support for Illinois on
Q: Can u legally have ur child's last name changed to yours by filing it in court as an adults name change?

I have a 7 year old daughter with a man that has been in and out of her life the full 7 years mostly out of her life. At 5 months old He went to our local county courthouse and had her last name changed to his within 2 weeks and all without my consent. I recently found out he filed the name change... View More

Cheryl Powell
Cheryl Powell
answered on Nov 20, 2024

Look at the court file. Does it show that you have been served?

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Do I need to continue to make payments.

My daughter recently turned 18. I never signed the birth certificate. I make support payments non court ordered. She's currently still in school. Senior year. Parnenity was never established.

Cheryl Powell
Cheryl Powell
answered on Nov 11, 2024

Illinois law requires that child support be paid until graduation from high school if she is already 18. So if you stop making payments, the mother could try to make you pay them based upon your pattern and practice of accepting responsibility for the child.

1 Answer | Asked in Family Law for Illinois on
Q: As a beneficiary in my brother's will I am entitled to receive a copy of the will if refused, what can I do?

I'm mostly interested in my nieces and nephews inheritance. My brother's widow claims they are not in the will.

Cheryl Powell
Cheryl Powell
answered on Nov 11, 2024

Call the courthouse in the county where your brother lived. Circuit Clerk's office, and ask if one has been filed. It should be filed within 30 days of death. Anyone can go there and get a copy. It is a matter of public record.

2 Answers | Asked in Traffic Tickets for Illinois on
Q: can a driver under 21 get their license revoked if they received 2 tickets but one of them were previously dropped?

I’m 17, live in Illinois, and some months ago received a ticket and court date for driving with no insurance but the charge was dropped. I today received a speeding ticket for going 20 over and will be appearing in court for this as well in about a month. Will my license get revoked?

Cheryl Powell
Cheryl Powell
answered on Nov 11, 2024

If one ticket was dismissed, your license should not be suspended. Rules are harsh for new drivers.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Need attorney for complex X felony case in Effingham, IL. Rural area, no local contacts. Court date soon.

Seeking Urgent Legal Help for Upcoming Illinois Court Date (4th District, Effingham)

Hello,

I’m urgently searching for a skilled attorney to represent me in an X felony case in Illinois’s rural 4th District, specifically in Effingham. Finding qualified representation has been... View More

Cheryl Powell
Cheryl Powell
answered on Oct 29, 2024

Sorry, I do not handle those types of cases anymore.

1 Answer | Asked in Divorce for Illinois on
Q: Hello! I am looking for a pro bono divorce lawyer or someone that has the husband pay for services. Bigamy is included.

My husband left at the end of 2016 to attend a trial in Washington of the driver which was the car his son passed away in. He ended up staying there, got a good job, while I was left with a mortgage, 2 pre-teens, a truck note, and all other bills while not working. I recovered after all that time... View More

Cheryl Powell
Cheryl Powell
answered on Oct 17, 2024

Sorry, I cannot provide either of those things.

1 Answer | Asked in Criminal Law for Illinois on
Q: Upon research I found that the vet I took him too was negligent in his care which led to speeding the dogs death. What’s
Cheryl Powell
Cheryl Powell
answered on Oct 16, 2024

What is the negligence that you are complaining of?

1 Answer | Asked in Criminal Law for Illinois on
Q: eligible for Extended term on a possession of meth under 5g, i have a warrant 4 missing court, can I get off with rehab
Cheryl Powell
Cheryl Powell
answered on Oct 11, 2024

I seriously doubt it. You have a long record. But you would get better advice if you spoke with a local criminal defense lawyer.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: My son went to see his sister for a visit in New York without me knowing..I got emergency custody papers in the mail

I have my rights as a father and New York family Court has given custody of my minor son to his sister...I wanted to file kidnapping charges on her but the authorities won't help...my next court date is on the 10th and I'm not sure what I'm supposed to do to get my son back but... View More

Cheryl Powell
Cheryl Powell
answered on Oct 5, 2024

Your first order of business is to get a lawyer in NY to represent you. Do you have custody of the child in IL? If so, you need to get a certified copy of it and email it to your lawyer in ny.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: I am a senior looking for answers regarding spousal rights.

Have become aware of an outside, long-standing relationship that my husband is involved in. Additionally, questions regarding validity of our 2001 marriage. Husband and ex-wife only divorced within past five years. I only recently found this out.

Cheryl Powell
Cheryl Powell
answered on Sep 30, 2024

Please write your question.

1 Answer | Asked in Libel & Slander and Family Law for Illinois on
Q: What can I do to get my adult autistic son from a state group home in Salem,IL. Where he was sent after false allegation

He has been bounced around from group home to group home for a number of reasons the past couple of years.One home has stolen his disability payments and no charges were filed,they just moved him.this all began when an ex friend of ours made false allegation to adult protective service stating I... View More

Cheryl Powell
Cheryl Powell
answered on Sep 29, 2024

Who has guardianship? If the state has guardianship you could file a complaint with them. Do you have guardianship?

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Can I re-open my divorse case with a lawyer who will fight for me more agressively for me!

My ex husband is physically, financially, and emotionally abusive, and I have lots of photos, text messages, police reports, and he was even fined by our judge during our divorse for making several disparaging remarks on social media. He still uses harrasing and threatnening language, but the... View More

Cheryl Powell
Cheryl Powell
answered on Sep 26, 2024

No, your case cannot be reopened after 30 days. It also cannot be appealed. If the children's circumstances change, bad grades, running away, etc. Then you can go back to court and start over.

2 Answers | Asked in Traffic Tickets for Illinois on
Q: I received a speeding ticket for going 70 in a 45 construction zone, no workers present. Do I need a lawyer?

I have one previous speeding ticket from 3 years ago. I had to simply pay a fine. This one is court mandatory. I’m not really sure what I should do next.

Cheryl Powell
Cheryl Powell
answered on Sep 25, 2024

It would be a good idea to get a lawyer. It will not be cheap to get out of this one.

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2 Answers | Asked in Criminal Law for Illinois on
Q: Question about statute of limitations.

My cousin said she found a video that was taken of her 15 years ago in the shower without her consent. She was an adult at the time. We both know who did it, but she's not sure what to do. What is the statute of limitations for this? Does it start at the time the video was made, or the time... View More

Cheryl Powell
Cheryl Powell
answered on Sep 24, 2024

Go to the police and file a report. Let them worry about the particulars.

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