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Illinois Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Can u legally have ur child's last name changed to yours by filing it in court as an adults name change?

I have a 7 year old daughter with a man that has been in and out of her life the full 7 years mostly out of her life. At 5 months old He went to our local county courthouse and had her last name changed to his within 2 weeks and all without my consent. I recently found out he filed the name change... View More

Cheryl Powell
Cheryl Powell
answered on Nov 20, 2024

Look at the court file. Does it show that you have been served?

1 Answer | Asked in Family Law for Illinois on
Q: As a beneficiary in my brother's will I am entitled to receive a copy of the will if refused, what can I do?

I'm mostly interested in my nieces and nephews inheritance. My brother's widow claims they are not in the will.

Cheryl Powell
Cheryl Powell
answered on Nov 11, 2024

Call the courthouse in the county where your brother lived. Circuit Clerk's office, and ask if one has been filed. It should be filed within 30 days of death. Anyone can go there and get a copy. It is a matter of public record.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Do I need to continue to make payments.

My daughter recently turned 18. I never signed the birth certificate. I make support payments non court ordered. She's currently still in school. Senior year. Parnenity was never established.

Cheryl Powell
Cheryl Powell
answered on Nov 11, 2024

Illinois law requires that child support be paid until graduation from high school if she is already 18. So if you stop making payments, the mother could try to make you pay them based upon your pattern and practice of accepting responsibility for the child.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Per IL law: the marital home was purchased (no mortgage) with funds earned prior to the marriage.

A small mortgage was obtained later for pay for siding. I have invested more than I can get if I sell the home. If the home is sold, how would the law define the home's equity? How would it be split between spouses?

Brian W. Reidy
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Brian W. Reidy
answered on Nov 6, 2024

With some exceptions, the general rule is anything acquired during the marriage is presumed to be marital property. There are some facts missing from your question that might help to better answer this. It sounds like non marital funds were used during the marriage to purchase the home. Without... View More

0 Answers | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: I am wondering what I can do to maintain my relationship with my step-children now that I do not have custody of them.

I left ex-spouse last March w/ my two children and her two from her previous marriage(I had raised them since they were not even 1/2, and they are now 7/8). I got emergency custody orders of my children, and was able to call the bio father of the other two so he could come and get them and keep... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How can new York give custody when there is a custody case filled here in Illinois between his mom and I

I didn't even know he was going out of state to see his sister and I get temporary custody papers in the mail...I go to court in New York to pick my son up and they wouldn't release him to me... Even though there were no allegations on me

Cheryl Powell
Cheryl Powell
answered on Oct 10, 2024

Is there a custody order in either state? This is a complicated matter that requires a phone call. I practice in Illinois but not in all counties in Illinois. It looks like you are from Paris, and if that is where your case is filed I would not be able to represent you. However, you need an... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Illinois on
Q: My civil rights have been violated and I intend on suing the state of New York for abducting my child

I went all the way to New York to pick him up just to get turned away empty-handed I don't believe they followed due process and my parental rights have been violated

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2024

If you believe your civil rights and parental rights have been violated, it’s important to take action to protect those rights. You may want to gather all relevant documents and any evidence showing that your rights were not respected or that due process was not followed. This could include court... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: My son went to see his sister for a visit in New York without me knowing..I got emergency custody papers in the mail

I have my rights as a father and New York family Court has given custody of my minor son to his sister...I wanted to file kidnapping charges on her but the authorities won't help...my next court date is on the 10th and I'm not sure what I'm supposed to do to get my son back but... View More

Cheryl Powell
Cheryl Powell
answered on Oct 5, 2024

Your first order of business is to get a lawyer in NY to represent you. Do you have custody of the child in IL? If so, you need to get a certified copy of it and email it to your lawyer in ny.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: I am a senior looking for answers regarding spousal rights.

Have become aware of an outside, long-standing relationship that my husband is involved in. Additionally, questions regarding validity of our 2001 marriage. Husband and ex-wife only divorced within past five years. I only recently found this out.

Cheryl Powell
Cheryl Powell
answered on Sep 30, 2024

Please write your question.

1 Answer | Asked in Libel & Slander and Family Law for Illinois on
Q: What can I do to get my adult autistic son from a state group home in Salem,IL. Where he was sent after false allegation

He has been bounced around from group home to group home for a number of reasons the past couple of years.One home has stolen his disability payments and no charges were filed,they just moved him.this all began when an ex friend of ours made false allegation to adult protective service stating I... View More

Cheryl Powell
Cheryl Powell
answered on Sep 29, 2024

Who has guardianship? If the state has guardianship you could file a complaint with them. Do you have guardianship?

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Can I re-open my divorse case with a lawyer who will fight for me more agressively for me!

My ex husband is physically, financially, and emotionally abusive, and I have lots of photos, text messages, police reports, and he was even fined by our judge during our divorse for making several disparaging remarks on social media. He still uses harrasing and threatnening language, but the... View More

Cheryl Powell
Cheryl Powell
answered on Sep 26, 2024

No, your case cannot be reopened after 30 days. It also cannot be appealed. If the children's circumstances change, bad grades, running away, etc. Then you can go back to court and start over.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: How to I request to get in front of a judge about a child support modification?

I have a child support case out of Illinois. I requested a modification 2 years ago and was never given a court date. Instead, the department of family services stepped in and I sent them all the information they requested for a modification. They did not use the calculator correctly and my ex wife... View More

Cheryl Powell
Cheryl Powell
answered on Sep 23, 2024

The dept of family services does not do child support cases. The dept of human services does. They know how to use the calculator. They have access to information that neither of you may have provided to them. You should have been given appeal rights and followed them in a timely manner.

1 Answer | Asked in Family Law for Illinois on
Q: do i have time to respond to an amended motion to modify in illinois that was filed the friday before a hearing tomorrow

do i have time to respond to an amended motion to modify in illinois that was filed the friday before a hearing tomorrow morning?

Cheryl Powell
Cheryl Powell
answered on Sep 22, 2024

I would if I were you. You may also seek more time to do so.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Can I voluntarily sign my rights over to the other parent
Cheryl Powell
Cheryl Powell
answered on Sep 13, 2024

No. Not unless your rights are terminated by juvenile court or through an adoption if the other parent is remarried and wishes to adopt.

1 Answer | Asked in Family Law for Illinois on
Q: How do I get my daughters birth certificate to not have my husband listed as her father but have her biological father?

I have a certified DNA test proving the father and my husband and bio dad agree to have it corrected and my daughter have her bio dads last name.

Cheryl Powell
Cheryl Powell
answered on Sep 10, 2024

I believe you will have to get a court order to establish bio dad's paternity. I don't know if you have any court orders yet about child support but all of it could be done at the same time if you are not receiving help from HHS. They make things a bit more complicated.

1 Answer | Asked in Family Law for Illinois on
Q: As a legal parent do I have rights to provide my child to a legal gaurdian in another state
Cheryl Powell
Cheryl Powell
answered on Sep 5, 2024

It depends. Consult a lawyer who lives near you for assistance.

1 Answer | Asked in Family Law for Illinois on
Q: Is it legal marry someone in hospice who u lived e over 35 years was his caregiver 3yrars he might have cognitive issue

Family making medical decisions though they don't care for him and I am still caring for him I have a proxy surrogate form over his healthcare there is no power of attorney he does not have a terminal illness

Cheryl Powell
Cheryl Powell
answered on Aug 27, 2024

Ask the Dr if he has mental competence to get married. Once he is married, I believe that she will take precedence over your document until the pt thinks otherwise.

1 Answer | Asked in Family Law, Civil Rights, Gov & Administrative Law and Juvenile Law for Illinois on
Q: when filing a writ of review on a DCFS case (child welfare neglect) what do I request for declaratory relief?

based on federal question, fraud in the court, and violations of my constitutionally protected rights.

James L. Arrasmith
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answered on Aug 31, 2024

When filing a writ of review in a DCFS case involving child welfare and neglect, you should request declaratory relief that asserts the court's actions or decisions violated your federally protected rights. You might ask the court to declare that the proceedings were conducted in violation of... View More

1 Answer | Asked in Family Law for Illinois on
Q: Is there any hope, in Illinois, to challenge an MSA where the woman got a bad deal?

My girlfriend got a bad deal in her MSA agreement. Her ex is an injury lawyer and knows all the hoops. He has a lot of money and takes her to arbitration, spending $4000, for a $1000 money issue between them. He disputes payments for things like glasses and contacts, yet he spends money on big... View More

Cheryl Powell
Cheryl Powell
answered on Sep 18, 2024

She can if she files something within 30 days of the entry of the Judgment for Dissolution of Marriage. Otherwise, unlikely.

1 Answer | Asked in Family Law, Child Custody, Gov & Administrative Law and Juvenile Law for Illinois on
Q: DCFS indicated me for husbands failed drug test, when he did not have children in his care when he tested.
Cheryl Powell
Cheryl Powell
answered on Sep 14, 2024

You need to file an appeal. You should get a letter from Springfield about it. Read your appeal rights and follow the instructions to appeal.

Then send a written request for the dcfs file for the purpose of an appeal. This is not a simple task and you should have a lawyer to represent...
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