Get free answers to your Family Law 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 
I am not married to the father of my children, and we own a house together with a joint mortgage. He recently quit his job and cashed out his 401k. We all still live in the house, and I pay for my portion of the mortgage. There is currently no legal agreement for child support, but he refuses to... View More
answered on Apr 12, 2025
You should hire a lawyer immediately if any of his 401k is left to have it held for child support AND if you intend to separate from him. Generally, if you are living together it is perceived that you are accepting his quitting his job and you will not get a child support order. He can not avoid... 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
I was never married to the father of my children, and we are no longer together. We have a legal agreement for a shared mortgage, and I cover the kids under my insurance. I primarily take care of our children, and the father just quit his job last week. I'm wondering if I can still pursue... View More
answered on Apr 10, 2025
Yes, you can. You may get a judge to order him to look for a job if he is not already doing so.
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
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
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.
My son's father has not been paying child support for about 7 months. He was court-ordered to pay but lost his job and hasn't been able to maintain steady employment. He's blaming me and my son for his job losses. I've contacted the child support enforcement agency, and while... View More
When I was about 7 until about 17 yo, my mom's sisters would grope me and my female cousin. They would hug me and then pull my shirt out and look down it or pull it up and comment on whether I was wearing a bra or not. They would also feel my breasts over or under my shirt. They would feel... View More
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'm currently paying child support for my 14-year-old daughter through a court order. My daughter recently had a baby, and I'm wondering if this situation can lead to a modification or stoppage of my current child support payments. The other parent has legal representation, and I feel my... View More
answered on Mar 26, 2025
No. The parent with custody or primary decision making needs to help her get child support from the bio dad of her child.
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
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 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 am looking to become a short-term guardian for a family friend in Illinois, specifically to handle medical and school-related matters. Could you explain the requirements and responsibilities for this role, and how the process works for a guardianship lasting up to one year?
answered on Feb 26, 2025
You can use a form on the internet for this. Court is not necessary. Both mother and father should sign. Search for CFS 444-2 and you will find that form.
You will raise the child as yours for one year.
You are responsible for costs, including medical, educational, etc. that are... View More
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.
I have been undergoing weekly random drug tests for six months as part of a DCFS case initiated when we sought their help to remove my fiancé's kids from their stepmother, who had abducted them. Despite complying with the drug tests and having no wrongdoings on our part, DCFS continues to... View More
answered on Feb 21, 2025
When DCFS has your children or your boyfriend's children and you want them back, you do whatever they say whenever they say. A drug test is not unreasonable EVER when it comes to the safety of children. If doing drugs is more important than the children to the two of you, then by all means... View More
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.
