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Illinois Child Custody Questions & Answers
0 Answers | Asked in Tax Law, Family Law, Child Custody and Child Support for Illinois on
Q: My ex is threatening with charging me income tax for claiming my son. Can he do this?

I have been separated from my son’s father for over a year. Never married. No court order for parenting time or child support. He always claimed our son on income tax returns. This year I claimed our son. My son’s father had his W4 setup to claim 1 and is telling me he’s going to charge me... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Our 15 yr old granddaugh. wants to move in with us, currently with mom. She's in Missouri we are in Illinois

There has been drug use, neglect, mental and verbal abuse. Dad not in picture, just got out of prison for domestic. Moms last boyfriend is currently in prison due to domestic. We know at 16 she can get emancipated but is there anything we can do now since she just turned 15? We thought about... View More

Cheryl Powell
Cheryl Powell
answered on Feb 19, 2024

I do not know what MO Law is. IL law requires that you sue where the child is living, so you need to hire a MO lawyer.

1 Answer | Asked in Child Custody for Illinois on
Q: I have primary custody of my child. My ex wife did not want the responsibility and was also very neglectful. However im

A soldier about to get deployed and she may try to take the child back in my absence even though she has not raised the child but I and my current wife have raised the child. Will she be able to do this permanently, temporarily just while I'm gone and then the child comes back to me or even at... View More

Cheryl Powell
Cheryl Powell
answered on Feb 15, 2024

You need to have a consultation with a lawyer asap. This forum cannot assist you with something so complicated.

2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: If I have primary joint custody and I get deployed can I appoint a temporary guardian. Could she get full custody

How likely would it be for her to take custody of him what should my next steps be to keep primary custody

T. Augustus Claus
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answered on Feb 15, 2024

In Illinois, if you have primary joint custody and face deployment, you may appoint a temporary guardian for your child during your absence through a power of attorney or court order, under the state's laws and military provisions. However, the other parent may attempt to modify custody... View More

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1 Answer | Asked in Adoption, Child Custody and Child Support for Illinois on
Q: okay so i am 17 years old and in a very abusive group home i would lie to live in Florida with my sister

i want to do it legally without police involvement is this possible can you guys help

Cheryl Powell
Cheryl Powell
answered on Feb 13, 2024

Your sister would need to get temporary guardianship of you. This forum does not provide legal services. She would need a lawyer in the county where you reside.

2 Answers | Asked in Criminal Law, Child Custody, Civil Rights, Juvenile Law and Family Law for Illinois on
Q: If my ex-husband knowingly lied in a order of protection that he filed, can I get the order dismissed?

My ex-husband filed an OP against me to keep our children from me and he knowingly lied and stated that our daughter lived with him which she did not. Also, the judge had put on the OP that one of our children's names is Kimberly and I have no child named that. Our son also does not live with... View More

Cheryl Powell
Cheryl Powell
answered on Feb 11, 2024

Are you talking about the Emergency hearing? If so, you put your witnesses on for the plenary hearing that tell the truth. You can subpoena neighbors of yours, his, bus drivers, teachers, your sister, etc. Should be easy to prove with school aged kids.

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Can the non custodial parent decide not to allow extra curriculars on their parenting time?

Can the non custodial parent decide not to allow extra curriculars on their parenting time? Background: Illinois - Child is 12. I have primary decision making authority and final decision making authority. Parenting plan has been in place since 2017. The noncustodial parent has been absent from... View More

Cheryl Powell
Cheryl Powell
answered on Feb 5, 2024

A 12 yr old is not likely to take kindly to being kept from an activity that she likes. Keeping her from it is not likely to get him far in the eyes of the judge. Do everything in writing so you have written documentation from court. Then if he refuses or fails for 3 times I would ask for... View More

0 Answers | Asked in Arbitration / Mediation Law, Child Custody and Divorce for Illinois on
Q: good morning i am trying to divorce my wife of 20 years she has serve with discovery paperwork to complete

my lawyer want over 7 k to fill and serve her with the same request

my wife will not come to a settlement, even when i have offer her to keep everything

what can i do ?

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: What kind of information my ex-girlfriend should give me about her boyfriend if she want to live with him and my kid?
Cheryl Powell
Cheryl Powell
answered on Jan 17, 2024

Unless so specified by any court orders, she is not required to give you anything. It would be nice if you could track him on judici for the past 5 years so you see if he has been involved in Any criminal activities. Full name, last 5 years of addresses, counties he has lived in and date of birth.

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

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Illinois on
Q: Is my ex breaking my OP?

I have an OP against my ex spouse. We have a child together. He only gets to talk to him on talking parents. He told my child that he can’t talk to him again on the required day and to tell me that I should allow him to let him talk to him at another time. Is he breaking my OP by directing my son... View More

Cheryl Powell
Cheryl Powell
answered on Jan 10, 2024

I don't know what talking parents is. But I don't believe that having child visitation by phone or explaining how yo facilitate it should be an op violation. That provision is more about using a 3rd party to send messages to you like are you willing to try to reconcile, etc.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Illinois on
Q: Looking for an experienced chicago attorney to investigate a dcfs case.

The case itself is in Lake county but since a family member is an ex dcfs cop,shes friends with everyone and has worked under the color of law to get custody of my grandchildren by lying and commiting fraud.I need an honest unbiased person outside of lake county to investigate the violation of... View More

James L. Arrasmith
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answered on Jan 1, 2024

In seeking an attorney to investigate a DCFS case in Lake County, Illinois, while avoiding potential conflicts of interest, it's wise to look for legal representation outside the local area. A Chicago-based attorney could provide the necessary distance and impartiality for your case.... View More

1 Answer | Asked in Child Custody for Illinois on
Q: I have full custody of our son. Our son sees his mom every 2 weeks for sleep overs. Can I move out of state?
Cheryl Powell
Cheryl Powell
answered on Dec 31, 2023

Look at this statute. It gives you the steps you would have to follow.

750 ILCS 5/609.2

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How do I get someone to represent me in court

My ex boyfriend have a restraining order on me with my children on it that he haves no rights to I need help getting my kids back home where they are safe

Cheryl Powell
Cheryl Powell
answered on Dec 11, 2023

Call legal services in your area. Sometimes they have grants that cover this stuff.

1 Answer | Asked in Child Custody, Family Law and Personal Injury for Illinois on
Q: My mom isnt allowed to hit me (court ordered) but she did. I left home at 17 and Im staying with a friend is that legal?

My mom left bruises on me after a harsh fight, I talked with the school about what happened and the school police officer but they dont consider it abuse. However because of her previous abuse she isn't supposed to hit or lay a hand on me or my siblings. So I left the house and have been... View More

Cheryl Powell
Cheryl Powell
answered on Dec 7, 2023

You should contact DCFS and the police, tell them what you are doing and why. Dcfs has forms where your mother could sign guardianship over to another responsible adult until you are 18.

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.

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

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 Child Custody and Child Support for Illinois on
Q: Is a notarized agreement legally binding? Or is it basically just a piece of paper?
Cheryl Powell
Cheryl Powell
answered on Sep 9, 2023

Are you saying you have a notarized agreement that did not go through court? What does the agreement say? Someone does not want to go by it now?

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can I submit an appearance form with my e file if it is indicating the other parent will attend and they signed it?
T. Augustus Claus
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answered on Sep 4, 2023

In Illinois, submitting an appearance form is a critical step in legal proceedings, especially for matters like child custody. When both parties sign this form, it signals your active participation in the case. The exact process may vary depending on the court and local rules. Generally, you should... View More

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