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Questions Answered by Angela Peters

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on

Q: Left wife for Brit. Brit is bipolar, but on meds. Have 30/70 temp custody. Wife wants brit's name on custody form,

that if I remarry her, or allow her around my son for any reason, the custody agreement is void and I have nothing until I go through the courts. Can she do this?

Angela Peters answered on Jan 17, 2018

If she thinks that the kids are in danger , she can do what she thinks is appropriate. That does not mean that a Judge would agree with her. If you are being pressured and you both are not coming to an agreement, you need to get a Judge involved.

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2 Answers | Asked in Family Law and Child Custody for Illinois on

Q: My childs father and I have our kid 50/50. Do I legally have a say in who can and can't be around her when he has her?

Angela Peters answered on Jan 6, 2018

I dont know if you have already been to court. Perhaps you have children together and are not married, perhaps you are married. You don't tell us this information.

If you feel that there are negative effects on your children if certain people are around them, yes it is a good idea that...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on

Q: How do I go about finding out financial information regarding my child’s father?

He recently switched jobs and is required to supply me with pay stubs and a tax return but he has informed me that the job is paying him cash and that he has never filed a tax return(he is 33).

Angela Peters answered on Jan 4, 2018

I don't know if you are working with an attorney or not, and I don't know if you are married with him or not. I would suggest that you should consult with an attorney, either a private attorney or the State's Attorney.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on

Q: girlfriend and I broke up. Have 2 kids and lived together and supported. Now kicked out and is threatening back support?

Aaaaaaaaaaaaa

Angela Peters answered on Dec 21, 2017

You should meet with an attorney to discuss your case. You need to be named the father in a court order to best protect yourself. If you have been supporting the children, you may not owe any back support. It all friends on the facts.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Illinois on

Q: Mother of child accused of domestic violence by her current husband. Can I be awarded custody if she is found guilty?

My ex wife currently has custody of our daughter. Her current husband has filed an op against her for domestic violence and in op he states he does not believe my daughter is safe with her without her parents supervision (she lives with her parents). If guilty will I be awarded custody or do I need... Read more »

Angela Peters answered on Nov 14, 2017

You definitely need to go to court to obtain a court order for you to have custody and for you to stop paying child support.

2 Answers | Asked in Child Custody and Family Law for Illinois on

Q: My children have been living with their father for 7 years, No legal document stating so. Do I need to file for custody?

we had a verbal agreement that I would get them back as soon as I was stable and we were never married, he refuses to do so. I now am fearful of misconduct regarding my son's ritalin.

Angela Peters answered on Nov 7, 2017

Yes, you need to get a court order. I would talk with an attorney in person.

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1 Answer | Asked in Family Law for Illinois on

Q: My ex and I have an Agreed Order for paying tuition at DePaul University.I am not allowed access to academic grades.

My ex will not consent to give me access to our sons online grades. DePaul University is on tri-mesters, (Fall, WInter, & Spring). Spring Semester his grade point average was 1.57, which I had to figure out using the DePaul website.My ex stated it was so late, waiting for documentation. Grades on... Read more »

Angela Peters answered on Jul 24, 2017

Whether you can terminate the order certainly depends on why the order was entered into in the first place. It sounds odd to have such an order. Are you paying any of the expenses of the schooling?

3 Answers | Asked in Family Law for Illinois on

Q: My brother had a baby with a married women, he has Dna papers to proof he is the father, the mother is denying vistis

How can he get an order of visitation

Angela Peters answered on May 22, 2017

Your father must go to court to have himself named as the father first. That court is the court that would grant visitation.

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1 Answer | Asked in Family Law and Child Support for Illinois on

Q: I was wanting to marry my fiance but he has back child support will I have to pay for it as well I'm in illinois.

Angela Peters answered on Apr 10, 2017

As you describe your situation, he will remain responsible for child support. You personally will not be responsible for his child support. However, some of the money that he makes during the marriage to you will need to be used to pay his child support. Ordinarily, money made during the marriage... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Illinois on

Q: If my now ex-wife and I adopted a child at birth, and we divorced when he was 3, plus she just passed can I give up

my rights?

Angela Peters answered on Mar 30, 2017

You need to review what your divorce decree says. If you are named as the father and have an obligation to pay child support, you can't just give that up. I would suggest that you meet with an attorney and go over the facts of your case. I don't know if you are looking for someone else to adopt the... Read more »

1 Answer | Asked in Family Law and Child Support for Illinois on

Q: how can I stop my ex when he does not no want to pay for my son

my son is 7 , my ex has never done anything we went to court on 2/10 and the support order was processed , he went back on 2/22 to file a modification since he hasn't made his first payment, does he have a case? they had to court order his income records so the 20% the state put on there is... Read more »

Angela Peters answered on Mar 15, 2017

It sounds as though you went through the state at some point. I would suggest contacting the State's Attorney in your area again, and speak with the child support division.

Ex may be able to modify his obligation going forward, but that does not mean he gets out of paying what he owes from...
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1 Answer | Asked in Family Law for Illinois on

Q: I have a question about the wording of a judgement ( trying to plan a wedding date)

Our wknd now w would fall on Aug 4th. The judgement reads: commencing either the second Fri in Aug or the following Friday if the first wknd doesn't fall on regularly scheduled wknd.... do they mean literal first wknd (4th) or first proposed wknd ( 11th) please help!

Angela Peters answered on Mar 9, 2017

commencing either the second Fri in Aug or the following Friday if the first wknd doesn't fall on regularly scheduled wknd...

This language refers to which Friday it will be, either 1) the second Fri in Aug OR

2) the following Friday

Then, the language states, 'if the...
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1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: My ex hasn't had contact with me or my 5 year old son for almost two years, can he file in court to see him?

He hasn't tried to contact me in over two years and now his new girlfriend is the one trying to contact me and my new husband. My son doesn't even remember who he is. He considers my husband his father. I worry it could be detrimental to his mental health to reintroduce him to his real father at... Read more »

Angela Peters answered on Mar 7, 2017

I urge you to talk with an attorney pronto. If you and your husband were to adopt the child, then your ex would have no rights to the child. Otherwise, the Judge will consider the ex's request for visitation. The Judge is not going to cut off the dad's rights because dad has been absolutely... Read more »

1 Answer | Asked in Family Law and Child Support for Illinois on

Q: Both parents agree to 50/50 custody. Neither wants child support. What's the best way to proceed to make that happen?

No order in court yet. Will be doing this soon, both have representation but interested to hear other viewpoints. One lawyer says reserve judgement but I don't believe that removes the risk, just pushes it down the line. Is this true?

Angela Peters answered on Feb 21, 2017

One of you needs to file the case in court. That person should work with an attorney to advise you on this. You could get all the way to court for the final day and the Judge does not agree to your deal about no one paying child support.

Perhaps both of you will have an attorney. But, you...
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1 Answer | Asked in Family Law for Illinois on

Q: If me and my sons father are bot married and I want to move out of state am I able to still leave?

Angela Peters answered on Feb 10, 2017

You did not provide much information. Although you are not married to the father, I don't know if there is an order from a Paternity Court which would require you to give him notice of your intent to move.

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: My Ex wants to move beyond the 25 miles from the current Residence with my kids. She has majority of parenting time.

She had not filled any paperwork out and is moving over 60 miles away. What can I do? I do not agree with the move. After seeing 1 answer I must add that the move is still in this state, but over 60 miles away from the current location. Thank you

Angela Peters answered on Feb 10, 2017

You can google the law at 750 ILCS 5/609.2. She can't just leave the state if you don't agree. The court will need to decide, if you can't come to an agreement.

2 Answers | Asked in Family Law for Illinois on

Q: I want to relocate outside the 25miles allotted. My ex won't sign the notice. Do I need an attorney?

Angela Peters answered on Feb 10, 2017

750 ILCS 5/609.2 states what you have to do. You have to go to court. I would suggest you meet with an atty.

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2 Answers | Asked in Criminal Law and Family Law for Illinois on

Q: In the event that I get an order of protection dropped can I have the judge to dismiss any future cases tied to the...

Evidence such as text messages and interrogations

Angela Peters answered on Feb 7, 2017

No, any future cases would be dealt with the facts presented at that time.

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2 Answers | Asked in Child Custody and Family Law for Illinois on

Q: My kid will be 18 in 4mo n he has main custody. She wants to move wit me, has her ged. Can i get arrested for takin her?

She's home alone most of the time, her dad never got her a dr. Doesnt set her up with appointments or takes her, doesnt cook for her, makes her clean everything and go to the market. He said she can go but gets mad and says no. Can i get arrested for taking her with me we have joint custody. I'm... Read more »

Angela Peters answered on Feb 5, 2017

There are rules to be followed even if she should be with you. I suggest you talk with an atty before you j u st leave the state.

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2 Answers | Asked in Child Custody and Family Law for Illinois on

Q: I want full custody of my child and how long do it take for me to get custody of her

Angela Peters answered on Feb 4, 2017

It depends on a number of factors. I Suggest you meet with an attorney to discuss specifics.

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