Get free answers to your Child Custody legal questions from lawyers in your area.
In Illinois, can my ex-spouse request a drastic modification in parenting time, changing from every other weekend to joint custody, solely through a closing argument brief in trial court? We have a temporary agreed parenting plan that has been in place for approximately one year and is working... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
In Illinois, modifying parenting time requires filing a formal motion with the court; it cannot be accomplished solely through a closing argument in a trial. The court will assess any proposed changes based on the child's best interests, considering factors such as each parent's wishes,... View More
I have been placed on the state record for child neglect by DCFS due to an incident involving my oldest child’s mother. During a custody exchange, a confrontation occurred when I lowered her phone as she tried to record my fiancé. My ex started hitting me, pulling my hair, and scratching me. I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
To challenge the child neglect record in Illinois, you’ll want to first gather all evidence that supports your version of events. This includes any discrepancies between witness statements, police reports, and court testimony. If you believe the officer's statement was inaccurate, try to get... View More
I want to move out of state with my child. There is no legal custody agreement or court order in place. My child regularly sees his father, and I have a plan to ensure he continues to see him after the move. I plan to notify the father a few weeks in advance. Will this be legally permissible since... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
Even though there is no legal custody agreement or court order in place, moving out of state with your child without the other parent’s consent can still lead to legal complications. In most cases, a custodial parent needs either the consent of the other parent or a court order if they plan to... View More
I have a child custody case where my child's father committed interference with custody. After three years of not seeing my child, his aunt returned my son to me. The father then accused me in court of taking our child, and now we are involved in a court case. A guardian ad litem has been... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
A 1401 motion in Illinois refers to a petition filed under **Section 2-1401 of the Illinois Code of Civil Procedure**. It’s used to ask the court to reconsider or undo a final judgment or order, typically based on new evidence, fraud, or some kind of mistake that happened during the original... View More
He's forced me down on him my wrist was sprained hes left dark purple bruises on my son from spanking him very hard and smacked his face to where he was so scared of his father and keeps telling me he doesnt want to go he tells me he is scared of his father at age 3 a child is scared of his... View More
answered on Apr 4, 2025
Call SWAN. It is a shelter for women and children in Olney. Open 24 hours. 618-392-3556. They can provide shelter, food and clothing, help with an Order of Protection, counseling for women and children. They will help you find a job, get transportation, do a resume, work with the police, take... View More
My son's father tells lies in court, such as claiming he is employed at Casey's when he lost his job three to four months before our last court date on August 14, 2024. Despite having primary custody, he promised not to take my son away but did. He has weekly visitation rights for four... View More
answered on Apr 4, 2025
Call the police and DCFS for child abuse. Take pictures of bruises. Get a birth to 3 evaluation to get him extra help for speaking.
I have legal custody of my children, and their mother was supposed to return them after spring break, but she hasn't. It's been 13 days since I talked to them. I was supposed to pick them up at 6:00 tonight, but it's now 10:30, and her house is dark. I've been to her house... View More
answered on Mar 29, 2025
She should get a ticket from the police for unlawful interference with visitation. You need to file a Petition for rule to show cause to have her held in contempt.
I have 11 overnights with my child out of a total of 28 nights, and I also have 2 weeks of vacation time with my kids in Illinois. Can vacation time be added to the calculation of overnights? Additionally, how do these affect custody or child support arrangements in Illinois? I am trying to... View More
answered on Mar 24, 2025
Read here. When each parent has 146 nights this is the calculation.
https://brelaw.com/new-illinois-child-support-law/
In 2021, I filed a pro se appearance in a family court case in DuPage County, Illinois. In 2022, my attorney filed an appearance on my behalf but withdrew in 2024 while I was still under an alleged illegal contempt purge order requiring me to pay 75% of my net income, which I couldn't meet.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
It sounds like you are dealing with a complex situation involving a contempt purge order and incarceration in DuPage County, Illinois. Since your attorney withdrew and you were not notified that your pro se appearance was still active, this could be a procedural issue. You may have grounds to... View More
I had my daughter when I was young, and at 3 years old, she was placed with her paternal grandmother due to a DCFS intervention. She's now 9, and despite my efforts in court 4-5 years ago, the grandmother was granted plenary guardianship. I've since stabilized my life—I have my own... View More
I told my wife that I wanted a divorce, and she took our three-year-old child and started living with her mom about a week ago. She is now refusing to let me see our child, citing concerns that our family home isn't safe. I haven't been able to visit my child at her mother's place,... View More
answered on Mar 17, 2025
You need to get into Court as soon as possible. Unfortunately, Courts are your best remedy available when spouses cannot agree. I would contact an attorney near you to review your options so that you can get parenting time.
I have received a Circuit Court Rule 13.4(f) Consolidated Referral Order related to a post-decree allocation judgment case. The other parent has gone to court to obtain mandatory mediation, seeking specific changes regarding holidays and wanting me to drive the children to their residence, which is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
When you receive a Rule 13.4(f) Consolidated Referral Order, it typically means that the court has referred your case to mandatory mediation to resolve the dispute. The first step is to carefully read the order and understand what the court is asking of you. Make sure you are aware of the mediation... View More
I am a stay-at-home mom who moved to Texas with the knowledge of my children's father after we split. He has temporary primary custody of our children, aged 8 and 5, who reside in Illinois. I have been able to visit them in Illinois only twice since July, as I depend on his approval. We are... View More
answered on Mar 11, 2025
It seems that said restrictions would be unlikely as long as you have a licensed person to get you and them around. A graduated visitation schedule is the best approach since you have not seen them regularly.
I want to leave the father of my child, with whom I am unmarried, and move my son back to Illinois with the support of my family. There is currently no formal custody arrangement, but I plan to set one up once we relocate. The father will likely oppose the move, and he has been aggressive towards... View More
answered on Mar 10, 2025
Find out what relocation laws are in the state you are in and what you have to comply with there, if anything, prior to moving to Illinois.
My ex-husband passed away yesterday. He had legal custody of our 11-year-old daughter, and she is currently with his wife. Our custody agreement allowed him to decide on visitation, but he never permitted me to interact with her. Since his death, I've attempted to contact my daughter, but her... View More
answered on Feb 24, 2025
This is not a DIY case. You need a local lawyer to file a Petition for habeas corpus for you. How old is the child? The stepmother has NO LEGAL RIGHTS.
Im needing to know what forms or steps i need to take to do this. This is a mutual agreement, all sides are in agreement to do so.
answered on Jan 23, 2025
It needs to be signed by the mother and the father. It is called Appointment of Short Term Guardian (google to get form) and is good for a year. No court action is required. Keep a copy for yourself that is signed.
answered on Dec 2, 2024
Not unless someone is willing to adopt the child. Parenting rights and responsibilities are not the same thing. He still has financial responsibilities to support the child even if he does not want to exercise his parenting rights to have parenting time with the child.
unreasonably withheld. I asked for our son this Saturday (a day early from my normal pick up) to celebrate our Thanksgiving. My ex is now trying to deny this time as retaliation because I would not acquiesce to his demands a few days ago. Do I have legal grounds to take my son if he tries to stop... View More
answered on Nov 29, 2024
If someone wishes to revert bank to the paper schedule, it controls. If you want to modify it, go ahead and file a modification.
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
answered on Nov 20, 2024
Look at the court file. Does it show that you have been served?
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
