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Illinois Child Custody Questions & Answers
0 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: What can my husband do if his ex won’t let him see his son?

My husband’s ex filed for child support in March. There were 2 court dates for this but he didn’t attend. The documents he received say his parenting time has been reserved. What does this mean? The ex is not answering his text and didn’t let him pick up his son. What should he do?

0 Answers | Asked in Child Custody and Child Support for Illinois on
Q: What information is expected from a free consult on request for modification of custody judgment for College education?

Son is 16 years old, preparing to go to college upon graduation. Custody judgement for post-secondary education is indicated as "Reserve." I have sole custody and would like to request modification of the custody judgment. Son is Special Needs and is an A student

0 Answers | Asked in Family Law, Child Custody and Juvenile Law for Illinois on
Q: I was not present in court so idk what rights I still have if any as I was deemed unfit

Can I visit my kids, be alone with them?

1 Answer | Asked in Child Custody for Illinois on
Q: How would I gain joint custody of my siblings with my mother if she is willing?

I'm currently 18, however I am in the military and I've had a stable job since I was 16

Cheryl Powell
Cheryl Powell
answered on Jun 23, 2024

Usually enlisted persons cannot have any kind of authority over children. Is that not what you are being told?

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My sons dad is refusing to give our son back

We have a custody order, week on week off during the summer. His week has ended and he will not give our son back. He claims our son does not want to come back but my son says otherwise. The judge won't hear my emergency motion and even though our court order says police enforceable, they... View More

Cheryl Powell
Cheryl Powell
answered on May 31, 2024

Your court order governs. Apparently the judge didn't see this as an emergency but I hope you have a court date scheduled.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: 17 year old son wants to live with his mom now, I am in IL/ mom is in WI- case was in WI

He is upset at me for showing up at his mom's house at midnight after his location previously indicated he wasn't there/was turned off and he wouldn't answer my phone calls/text messages. He said he was at a friends' house. The issue I have is that he's driving my truck... View More

Cheryl Powell
Cheryl Powell
answered on May 27, 2024

Sounds like you need to take the truck privileges away. If he goes to his mom, she can provide him with a car or sign this one over to her so it's not your problem when you can't supervise him and he ends up in a bad accident. Is he going to go to school there? Does mom want him full... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I need to obtain emergency guardianship of a 17 year old minor (my niece) in the state of Illinois. What do I do?

The child has been neglected and kicked out of the home. The parent is threatening suicide. The minor is staying with a friend. I do have texts proving the neglect.

James G. Ahlberg
James G. Ahlberg
answered on May 14, 2024

Contact an attorney practicing family law in the Illinois county in which either your niece or her parent is located. He or she can give you detailed advice based on the exact circumstances of the situation.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Illinois on
Q: I'm trying to gain guardianship of my grandchildren from dcfs they told me I couldn't get them but wouldn't tell me why

I watch them everyday while foster mom is at work and school so I don't understand if I can watch them all day why can't I get them out of custody makes no sense

Cheryl Powell
Cheryl Powell
answered on Apr 18, 2024

Nobody here can give you the answer because we don't know why.

Whenever I have a client with these issues they have to hire me to determine why. That's all I can tell them. Dcfs usually does tell me why but they rarely change their minds.

1 Answer | Asked in Child Custody for Illinois on
Q: My friend recently had a dcfs case against her in which her children were removed from her home.

The case has since been deemed unfounded by dcfs but her children have not been returned to her custody. Can they do this? What recourse does she have. She lives in Piatt County, Illinois.

Cheryl Powell
Cheryl Powell
answered on Apr 3, 2024

I cannot give a thoughtful answer as I do not have enough facts. She needs a lawyer who works on DCFS cases to get involved immediately.

3 Answers | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: if my parents are getting evicted and dont have somewhere to go but i do, do they have the right to make me homeless

my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation

Cheryl Powell
Cheryl Powell
answered on Mar 31, 2024

Yes. Until you are 18 your parents have control over you. They can decide you live at grandma's on the couch or floor, that all of you go to a homeless shelter or wherever it may be absent filth, bugs or feces.

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1 Answer | Asked in Child Custody, Child Support and Divorce for Illinois on
Q: My divorce attorney is going to hire my ex wife Less than a year after my divorce is there anything wrong with this?

If I were to use him to get bring her back for custody issues would this not be some kind of client confidentiality issues?

Cheryl Powell
Cheryl Powell
answered on Mar 26, 2024

Your question is not clear. Your divorce attorney is going to hire your ex wife. For what?

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: So I have two children with my ex and he recently took me to court for visitation but he doesn’t help me financially

With them but he has a lawyer they want us to do a modification but he’s jobless and homeless at the moment and the judge just wants us to do the modification but I really don’t want him to take them because he isn’t stable what can i do because I feel like because he has a lawyer they really... View More

Cheryl Powell
Cheryl Powell
answered on Mar 26, 2024

File a response to his petition. Put your concerns in there.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Could I submit videos of assault into a pending case (custody case) against a mother? I’m a son of hers.

Hello I’m currently living in Illinois and wondered if there’s anything I can do to take away my half related brother from my mother she has half custody and is in a court battle with her biological father over the weekend she forced herself on top of me and hit me and tried removing my cellar... View More

Cheryl Powell
Cheryl Powell
answered on Mar 3, 2024

You can talk to the person who filed the case against the mother and ask if he is ok with you talking to his lawyer.

1 Answer | 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

James L. Arrasmith
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answered on Feb 28, 2024

In situations involving tax claims on dependents, the right to claim a child on a tax return typically depends on IRS rules concerning custodial and non-custodial parents. If you have provided the majority of the support for your son and he has lived with you for more than half of the year, you... 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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