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Illinois Family Law Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Illinois on
Q: Hello, I have a problem with my children's dad not letting me see our 3children. I live in Iowa but they live in Gary.

They children have endured mental abuse from the dad and his wife. He keeps them from me and two of them were suicidal and still are. Dad says he handling things but the kids want to stay with me. HELP. I HAVE PROOF..

0 Answers | Asked in Family Law for Illinois on
Q: I have questions related to my biological father who signed his rights over. I am 18 now, can you help me?

he is posting photos screenshotted off of my social media onto his without consent

he pressured me into having a secret relationship with him behind my moms back for 3 years

during this time he was a police officer

he signed his rights over when i was around 4-5

0 Answers | Asked in Family Law for Illinois on
Q: Is it smart to represent yourself in a name change of a minor case when you are objecting the change?

The mother has refused contact with the child for over 3 years now which began when she learned of the new girlfriend. Despite many attempts to work this out she has ignored and refused. I haven’t had the money to take it to court. Now she is petitioning to change my daughters last name (for her... Read more »

0 Answers | Asked in Family Law for Illinois on
Q: My son has court ordered visits with his dad tonight do I have to send him.

Child just got diagnosed with influenza A. Has been battling high fevers, not wanting to eat or drink, wanting to sleep a lot, ect and dad is demanding I send the child due to court order. It’s not what is in the best interest of the child. What could happen if I’m in contempt.

0 Answers | Asked in Family Law for Illinois on
Q: Do I have to give keys to a guest I invited to move in temporarily but now refuse to leave? Must I evict them legally?

They kicked the door open to a empty apartment I was going to rent and stole my bed and TV can I press charges even if they have an order of protection?

0 Answers | Asked in Family Law, Civil Litigation and Civil Rights for Illinois on
Q: I have a civil matter involving a family member. How do I get legal advice regarding this matter?

A family member posted flyers calling my husband a drug dealer. They called dcfs us on for false allegations. They through the flyers they made out at the church while my children were going in for sunday school. My husband Motorcycle has been set on fire as well. We are being harrassed and... Read more »

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: In Illinois does child support pay cover childrens cell phones and cell phone bills or is that an extra expense?

I’m trying to find out if my ex is supposed to be pay half for our childrens cell phones and cell phone bill. He tells me that the child support covers that.

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2022

There is no law that a child has to have a cell phone or a car. If either parent chooses to provide a child with same, that is their choice and their expense. Child support is for basic necessities, i.e. food, clothing, shelter, utilities, transportation to and from school and activities. A cell... Read 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... Read 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...
Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Illinois on
Q: Who has the legal authority to make decisions in regard to disposition of remains?

There is a guardian (co-guardians in this case), a will, and a trust. The ward dies, the will has no written instructions for disposition of remains. Who is the 1st person legally responsible for making decisions about the disposition?

The guardian, the guardian who also is executive... Read more »

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2022

Powers of attorney and guardianships end at death. The only person with any legal authority is the executor of the will, who will have letters of office. That person has to see to it that bills are paid, including the funeral, cremation, etc.

1 Answer | Asked in Family Law for Illinois on
Q: What does a parent have to do for a child to be able to legally run away without getting in trouble?

My family is not a good one. I get yelled at everyday for the smallest things. My step mother shoved scissors in my FACE recently and started yelling. Saying how I should not talk back and I should be scared. She threatens to strangle her own baby but gets offended when you think she is actually... Read more »

Cheryl Powell
Cheryl Powell
answered on Sep 28, 2022

No minor can legally run away without getting into trouble. If things truly are as bad as you say, you should go to the police station to tell them what is going on and ask to be placed into foster care. There is a place for all children to go, which is the foster care system if being home is... Read more »

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...
Read more »

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... Read 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... Read 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 Family Law and Small Claims for Illinois on
Q: I have been married to my husband for 25 years. I caught him having an affair for a year. Can I sue her for anything?

She was very aware we were married. I just feel she needs to be held accountable as well!

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Aug 2, 2022

No, you cannot. Illinois abolished its Alienation of Affection law a couple of years ago.

1 Answer | Asked in Family Law for Illinois on
Q: Can I kick my soon to be 19 year old out of my house? I am the parent and she does not help pay for anything.

We live in Illinois. No written agreement for rent or anything like that. She has threatened me and is becoming more hostile and disrespectful by the day.

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

If your daughter is 19, she is legally an adult. You can kick her out of your house, but you would do well to consider the result. Does she have a place to go? With whom will she live? How will this affect your relationship with her long into the future? Sometimes a practical answer is better than... Read more »

1 Answer | Asked in Real Estate Law and Family Law for Illinois on
Q: Back in 1997 I was married and my then husband purchased a house.

I had to sign "Solely for the purpose of waiving homestead rights" It states that right on the documents. He was the guarantor. Not me. We are divorced and have been for 22 years. He is now in default on that loan and it is coming up on my credit report. The mortgage company won't... Read more »

David Giffin
David Giffin
answered on Jun 8, 2022

Under Illinois law, married couples can be held jointly responsible for certain debts that arise during a marriage, even if only one spouse signs off on the debt. Solely waiving your homestead rights would likely not affect or limit this legal rule. Assuming you or your family lived in the home... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: My mom and aunt have a house together. My aunt has been overcharging her for mortgage along with other utilities.
James G Militello III
James G Militello III
answered on May 28, 2022

You need to find out how your aunt and mom took title to the house whether by "joint tenancy" or "tenancy in common". To determine what happens with the house in the event something happens to either one of them. You should also have your mom and aunt put an agreement together... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: Can a judge rule that a parent can only take their children to one church and no other church?

My girlfriend divorced her ex-husband and their settlement agrees to raise the children catholic. She only agreed to this due to being under duress of pleasing the family, as well as only wanting the children to attend CCD when with her, as this is raising them catholic, but not attend mass as she... Read more »

David Giffin
David Giffin
answered on May 26, 2022

I'm sorry to see you are dealing with this kind of sensitive and challenging issue. In my opinion, your girlfriend's biggest obstacle is that she entered a written settlement that the court approved. When parties make an agreed parenting plan, so long as the plan is not against a... Read more »

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.

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