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Illinois Child Custody Questions & Answers
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

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can I e file my petition for custody and my fee waiver all together? Or do they have to be filed separately for cost?
T. Augustus Claus
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answered on Sep 4, 2023

In Illinois, the procedure for e-filing your petition for custody and requesting a fee waiver can vary depending on the specific court and its electronic filing system. Some courts may allow you to e-file both your petition and fee waiver request together as part of a single submission, while... View More

2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: Do I need a summons for a 50/50 parenting plan agreement

I am currently trying to e file and figure out all the documents that I need to send in.

T. Augustus Claus
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answered on Sep 4, 2023

In Illinois, a summons is typically not required when both parties are in agreement and are voluntarily submitting a parenting plan for approval by the court. If you and the other parent have mutually agreed upon a 50/50 parenting plan and are seeking court approval for it, you would typically file... View More

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Illinois on
Q: Is there a statute of limitations when it comes to not being served the petition of plenary guardianship in Illinois?
T. Augustus Claus
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answered on Aug 28, 2023

In Illinois, there isn't a specific statute of limitations for being served with a petition for plenary guardianship. The process for serving legal documents, including petitions for guardianship, is governed by the Illinois Code of Civil Procedure and the rules of civil procedure.... View More

1 Answer | Asked in Child Custody for Illinois on
Q: My daughter has a custody agreement signed by judge. She follows the schedule the father has taken her wont return her

The father is uncooperative. The police at the station where the exchanges occur will not help at all. They say my daughter has to go back to court. Surly there is something we can do. Please help us

James G. Ahlberg
James G. Ahlberg
answered on Aug 25, 2023

There is something your daughter can do: She has to take the father to court and ask that he be held in contempt for not abiding by the terms of the parenting time (formerly known as custody) order. I encourage her to hire an attorney to do this for her so it gets done correctly. If the father is... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: 1/2..My son's biological father (never married) has never met or wished to have anything to do with him. We haven't

2/2… talked in almost 2 years since the day he was born. My now fiance, soon to be husband wants to know how to go about becoming his legal parent. How should we proceed after marriage?

James G. Ahlberg
James G. Ahlberg
answered on Aug 9, 2023

After marriage you and your new husband can file a petition for adoption of the child. Do NOT try this on your own -- there are too many opportunities to do it incorrectly and the stakes are too high! Hire an attorney who does adoptions and let him or her make sure all the details are handled... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: What happens if a father abandons his child and stops paying child support? what can I do?

He has texted me threats before my child was born on taking the child and sending his lawyers after me i never got calls from anyone but he never showed up kept lying and all of a sudden hes trying to take my child away he moved with his new child and his wife he cheated on what do i do

James G. Ahlberg
James G. Ahlberg
answered on Aug 5, 2023

What you do is go see a lawyer as quickly as you can. Do it Monday, if possible. File a paternity case asking that he be named the father, that the court order him to pay you child support, and that the court establish parenting time (formerly known as custody). Until this process is started, each... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: My sons father has been banned from talking to me, only wants to communicate with my parents for our child.

My sons father has been banned from talking to me,(by his girlfriend) he only wants to communicate with my parents for our child. My parents rather not be involved. Since they are not my sons parents. what should I do?

James G. Ahlberg
James G. Ahlberg
answered on Jul 24, 2023

If neither you nor your parents want communication to be routed through them, they should refuse. They can just hang up when your son's father calls, and refuse to respond to text messages, emails and the like. I'd encourage them to not respond at all except to his very first contact,... View More

2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: My father had legally by court fully custody of my brother his 14 years old my father passed away two weeks ago

I want to see how I can filled to get his custody legally now his mother is not in the picture

James G. Ahlberg
James G. Ahlberg
answered on Jul 17, 2023

Assuming you are legally an adult (18 years old or more) you need to petition the local circuit court for guardianship of your brother. Your best bet is to contact a lawyer who practices family law (try Googling the term "custody lawyer" or "guardianship lawyer" to find one near... View More

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1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: What needs to be in a letter from the other parent to consent to move their child out of state? No courts are involved

My brothers name is on birth certificate however never married to his sons mother. She gave him their child a year ago as she didn't have a job, on drugs and nowhere to stay after her mom died. My brother is now moving to Georgia since him and his girlfriend and mother of his other 2 kids(and... View More

David Wolkowitz
David Wolkowitz
answered on Feb 18, 2023

I am not sure what letter you are referring to. If a case was opened, a letter in regards to removal might be appropriate. However, your brother could open a court case or he risks the mom going to court in Illinois and convincing a judge that your brother wrongfully took their son from Illinois.... View More

1 Answer | Asked in Child Custody and Tax Law for Illinois on
Q: What options do I have if my child's grandma tries to claim my son on her taxes, even if he only stayed a month with her

He stayed with her for December but that was due to me (being without a vehicle) and her and the child's dad, keeping him from or not helping me to see him, I live 45 minutes away. They will not let him come back to my house.

James G. Ahlberg
James G. Ahlberg
answered on Jan 3, 2023

If you provided over half the cost of raising the child in 2022, you are entitled to claim the child on your taxes. If that is the case, make sure you file your taxes as soon as possible. If grandma's tax return is filed after your, her attempt to claim the child is likely to be rejected... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: If the father is not on the birth certificate, does he have any legal rights?

His name is not listed on the certificate and no paternity test was ever done.

James G. Ahlberg
James G. Ahlberg
answered on Jan 3, 2023

The father's rights are essentially the same as the mother's right. To establish your rights you'll need to file a parentage action in the local county courthouse. The court can order a DNA test of you, the child, and the mother. If the DNA test proves you are the biological father,... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What is the statue limitations on parental kidnapping?

My ex and I lived in the same house but we’re not married and my ex decided to take my son from my home that he did not bring him back to and when I did call Madison County police they said there was nothing they could do because there was nothing in writing and I recited to them the section of... View More

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2022

Parental kidnapping is federal law and is under the Parental Kidnapping Prevention Act. It is defined as hiding the child from a parent for over 14 days. That is usually taking the child across state lines.

Your situation can be resolved by filing a Petition for Allocation of Parental...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I have custody of my children and the mother bought my 13 year old vape and told her not to let me find out.

What can I do about this situation? I do not trust the mother to make the right decisions.

David Giffin
David Giffin
answered on Sep 7, 2022

First of all, I'm sorry you are dealing with this kind of problem. Not being able to trust your coparent to act in your child's best interests is upsetting, at best.

There is a lot of information we don't know about this situation. I would also encourage you to double-check...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I am 16 with parents who are seperated and I want to move to another state with my dad.

My parents are seperated and for reasons I shall not discuss I would rather live with my dad. I dont know what needs to be done in order to move to a different state with him and have no idea how to find out due to my mom having an app on my phone that makes it so she can see everything on it. What... View More

James G. Ahlberg
James G. Ahlberg
answered on Aug 25, 2022

You'll have to talk to your father and encourage him to begin court proceedings to change parenting time (formerly known as custody) and for him to petition the court to allow you to leave the state with him. I know of no way for you to begin these proceedings on your own.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Illinois on
Q: What if a parent refuses to surrender their child for the other parents parenting time over a lengthy course of time?

Does the affirmative defense to child abduction that " (1) the person had custody of the child pursuant to a court order granting legal custody or visitation rights that existed at the time of the alleged violation" apply if the person has partial custody of the child but detains them for... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Hard to say without knowing more about the case. In any event the primary document of allocation of parental responsibilities may provide an affirmative defense to that criminal allegation.

However, if you ask that question, it seems you need a criminal attorney yesterday.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Does the father of my child have legal parental rights over the baby, if he is still married legally to someone else?

his name is in the birth certificate

James G. Ahlberg
James G. Ahlberg
answered on May 5, 2022

Yes.

1 Answer | Asked in Child Custody for Illinois on
Q: In Illinois if two parents are not married do both have equal rights over a child or does the mother have more?
James G. Ahlberg
James G. Ahlberg
answered on Apr 8, 2022

They have equal rights unless a court has issued an order specifying otherwise.

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