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Illinois Family Law Questions & Answers
1 Answer | Asked in Family Law and Internet Law for Illinois on
Q: Do I have a right to photos of me taken by my stepmom, an illegal guardian, and posted on her Facebook page?

I would like to get my photos removed from my stepmom's Facebook page as they are my photos that were taken when I was a minor under the illegal guardianship of my stepmom. Since those photos of me were taken by my stepmom who was not my legal guardian, I believe I have a right to them and... View More

Cheryl Powell
Cheryl Powell
answered on May 22, 2024

I think you would have to file a temporary restraining order and preliminary injunction to order her to remove them. But I think you also would have to add what harm they are doing to you. And put when the last time was that she put one up. Children don't have control of who takes care of them.

0 Answers | Asked in Appeals / Appellate Law and Family Law for Illinois on
Q: Can you appeal a motion to Quash that was denied in civil court?

If a judge denies your motion is that appealable? and if not, why?

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 and Adoption for Illinois on
Q: Illinois-if birth mom establishes a trust for baby then the termination of rights will be delayed

Illinois-custody taken by DCFS about 18 mos ago and they gave custody to grandma but birth mom has not completed any DCFS requirements so they have begun termination of rights. was told that if birth mom establishes a trust for baby then the termination of rights will be delayed and then birth mom... View More

Cheryl Powell
Cheryl Powell
answered on May 10, 2024

No. Nobody cares if mom establishes a bank account for the baby. That does not negate the fact that she has not done anything else.

1 Answer | Asked in Family Law for Illinois on
Q: I need assistance having my husband considered incompetent and me becoming power of attorney.

My husband has bipolar 1/w psychosis and is currently in a mental facility. He is unable to make decisions about things and fiancee. His mother is currently holding our money and and another pay check is about to be put in her account. We have been married for 27yrs and have an adult child with... View More

John Michael Frick
John Michael Frick
answered on May 7, 2024

If your husband is in fact mentally incompetent, any power of attorney he signs is likely subject to legal challenge. Only a mentally competent individual can appoint an attorney in fact through a power of attorney. What you need is a guardianship.

0 Answers | Asked in Civil Litigation, Estate Planning, Family Law and Real Estate Law for Illinois on
Q: What are reasonable submissions for travel when a co trustee comes in from out of town to help with a junk removal?

My sister and I are co-trustees to my mother's Illinois home that only has 100K equity and hoarder home. My sister lives in Florida and came for unnecessary 3 weeks-- she visited friends did business out of rental airbnb. Total helped in home 2.5 days and then helped by phone to make an... View More

0 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Illinois on
Q: How do you get a co trustee off the trust if they live out of state and are not helping with an Illinois home?

I live in state one mile from my mother's home. My sister is being very difficult, she had power of attorney before my mom's death. She keeps using that phrase to scare us at every opportunity. Even though we have told her at least 4 times it ends at death. She also has done shady things... View More

0 Answers | Asked in Family Law for Illinois on
Q: If mother is founded for medical neglect on a child, why isn’t child removed from home and given to father?

Mother refused to have any teeth pulled the child had 14 teeth removed before the age 6. Dcfs helped paid for the procedure when father offered to pay for all of it and she still refused.

0 Answers | Asked in Family Law for Illinois on
Q: My brother died in March, his ex wants to sue me, she wants his ashes for their son & all his possessions.

My nephew cut my brother off his life accusing him of pedophile 3 years ago and they did not talk or seen each other for that time. My brother wanted to give up his parental rights because of the way his son treated him. My nephew's mom and grandma want to sue me to take my brothers ashes and... View More

0 Answers | Asked in Family Law and Education Law for Illinois on
Q: college expenses in IL

I am being asked to sign a post dissolution order for my 18 yr old daughter who lives with dad and step mom. They want me to agree to 25% of college but I want to know what happens if I am denied a parent plus loan and have nobody that will cosign for me? I am willing to apply for the loan and... View More

0 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Divorced. She has full custody. I pay my full child support. I have the kids More than 50% of the time for 3 yrs or more

I hired an attorney 3 yrs ago to ask for a modification in child support. I pay this attorney $400 a month, automatically deducted from my account every month. I still do not have a court date for modification. I have been to mediation 3 times and nothing has been resolved. I’m being told the... View More

2 Answers | Asked in Family Law for Illinois on
Q: Am I able to write a letter to the judge related to my family law case? I do have an attorney

Is it allowed / legal? Would the judge read it? I do not mind if this is shared with the attorneys/opposing counsel.

Michael F Roe
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answered on May 2, 2024

In Illinois, it's not appropriate or even advisable to write directly to the judge in your divorce case. Communication with the judge typically needs to go through formal channels, such as your lawyer or through legal filings. Judges that receive mail from litigants do not read the mail, and... View More

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1 Answer | Asked in Family Law for Illinois on
Q: So it seems I didn´t provide enough information. Is my case still worth going through? Please let me know

Okay, so like I said earlier my dad is not a good person to live with, and is incapable of taking care of me. One, he lied and said my mother was sexually harassing in court. When I found out about this, he kicked me out. Twice. After being in the cold for almost an hour, (this was Dec 6th) my... View More

Cheryl Powell
Cheryl Powell
answered on Apr 18, 2024

Again, this is a custody case. Lying does not change it to abuse or neglect. Your mother needs to hire a lawyer.

1 Answer | Asked in Family Law for Illinois on
Q: I need to know if my situation is enough to call cps on my father, and I need to know if I can go through with my plan.

Im in a situation were I feel very unsafe in ym dad´s current home. Ever since he picked me up from my mom´s house my grades have been failing, I was admitted into a psych ward, I started substance abuse and my depression has skyrocketed since 2020. My dad did not have legal permission to keep me... View More

Cheryl Powell
Cheryl Powell
answered on Apr 18, 2024

I don't believe so. This is a custody case, not a juvenile abuse and neglect case. You are saying what your behavior was, but using drugs is on you, your dad did not force you to use them. Your dad doesn't do your homework or take your tests, it sounds like he kidnapped you and mom... View More

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.

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 Copyright, Criminal Law, Divorce and Family Law for Illinois on
Q: Hello I would like resources for lawyers who can help me with people in my past who stole my identity

I have attended the Illinois institute of art Chicago and Western IL University in Macomb I have two kids who are missing and have been strategically denied resources because I've been sharing my experiences with how I was blackmailed and lied on and I'm not a victim by no means but the... View More

James L. Arrasmith
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answered on Mar 26, 2024

It sounds like you are going through a very difficult and complex situation. Identity theft, stalking, and harassment are serious issues that require careful legal handling. Considering your circumstances, including the impact on your personal life and your desire to take legal action, seeking... View More

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.

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