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Illinois Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Our 15 yr old granddaugh. wants to move in with us, currently with mom. She's in Missouri we are in Illinois

There has been drug use, neglect, mental and verbal abuse. Dad not in picture, just got out of prison for domestic. Moms last boyfriend is currently in prison due to domestic. We know at 16 she can get emancipated but is there anything we can do now since she just turned 15? We thought about... View More

Cheryl Powell
Cheryl Powell
answered on Feb 19, 2024

I do not know what MO Law is. IL law requires that you sue where the child is living, so you need to hire a MO lawyer.

2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: If I have primary joint custody and I get deployed can I appoint a temporary guardian. Could she get full custody

How likely would it be for her to take custody of him what should my next steps be to keep primary custody

T. Augustus Claus
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answered on Feb 15, 2024

In Illinois, if you have primary joint custody and face deployment, you may appoint a temporary guardian for your child during your absence through a power of attorney or court order, under the state's laws and military provisions. However, the other parent may attempt to modify custody... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Family Law for Illinois on
Q: can a school withhold a parent from picking up student during seperation if there is no court custody paperwork filed

wife and i was seperating but no agreement for custody had been filed with the courts. the address for the student was still listed as the common address on students records. they only went off what she told them but still denied me the right to pick him up

James L. Arrasmith
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answered on Feb 24, 2024

If there is no court custody paperwork filed, the school may not have legal grounds to withhold a parent from picking up their student during a separation. However, schools often prioritize the safety and well-being of the child, so they may request clarification or documentation from both parents... View More

2 Answers | Asked in Criminal Law, Child Custody, Civil Rights, Juvenile Law and Family Law for Illinois on
Q: If my ex-husband knowingly lied in a order of protection that he filed, can I get the order dismissed?

My ex-husband filed an OP against me to keep our children from me and he knowingly lied and stated that our daughter lived with him which she did not. Also, the judge had put on the OP that one of our children's names is Kimberly and I have no child named that. Our son also does not live with... View More

Cheryl Powell
Cheryl Powell
answered on Feb 11, 2024

Are you talking about the Emergency hearing? If so, you put your witnesses on for the plenary hearing that tell the truth. You can subpoena neighbors of yours, his, bus drivers, teachers, your sister, etc. Should be easy to prove with school aged kids.

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1 Answer | Asked in Cannabis & Marijuana Law, Family Law, Criminal Law and Civil Rights for Illinois on
Q: legal rights and guidelines to marijuana use pregnant women in 2024?
James L. Arrasmith
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answered on Feb 24, 2024

Here are some key legal rights and guidelines regarding marijuana use for pregnant women in 2024:

- Marijuana use remains federally illegal in the United States, regardless of pregnancy status. However, several states have legalized recreational or medical use for adults over 21. Laws vary...
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1 Answer | Asked in Family Law for Illinois on
Q: Am I in violation of the parenting plan if I do not make the child miss an activity and spend time with other parent?

Background: Illinois - Child is 12. I have primary decision making authority and final decision making authority. Parenting plan has been in place since 2017. The noncustodial parent has been absent from all school, health and extra curriculars for at least 3 years now. Recently, he has had some... View More

Cheryl Powell
Cheryl Powell
answered on Feb 6, 2024

If he is balking at that you need to go to mediation and/or court to have his decision modified.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Can the non custodial parent decide not to allow extra curriculars on their parenting time?

Can the non custodial parent decide not to allow extra curriculars on their parenting time? Background: Illinois - Child is 12. I have primary decision making authority and final decision making authority. Parenting plan has been in place since 2017. The noncustodial parent has been absent from... View More

Cheryl Powell
Cheryl Powell
answered on Feb 5, 2024

A 12 yr old is not likely to take kindly to being kept from an activity that she likes. Keeping her from it is not likely to get him far in the eyes of the judge. Do everything in writing so you have written documentation from court. Then if he refuses or fails for 3 times I would ask for... View More

1 Answer | Asked in Divorce, Family Law, Tax Law and Military Law for Illinois on
Q: I was married in Okinawa, JP, however, I am trying to get divorced and have come across that it was never filed in IL.

My spouse and I got married in Okinawa while on active duty orders. However, I am trying to file for divorce and have come to many issue due to the unfortunate situation and have also realized that it was never filed with my home of record (Champaign County IL). We have been “married” since 11... View More

James L. Arrasmith
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answered on Jan 30, 2024

Based on the information provided, a few key points:

• For a marriage that occurs abroad to U.S. citizens, it is valid in the U.S. even if not registered specifically with the home state. So you have a valid marriage.

• However, to get divorced in Illinois, you typically need to...
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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: 've been married for going on 14 years and want a divorce husband is overseas how do I do that?

Hi my name is Sarah by the way.

We have been separated I would say 2 years into our marriage because he ended up going back to his homeland and have not heard from him since what do I do

Cheryl Powell
Cheryl Powell
answered on Jan 21, 2024

1. Can you reach an agreement? If so, you can send him papers to sign.

2. If no agreement, have to serve him with a process server.

3. If do not know where he is, then he just has to be served by publication in the newspaper but that limits the relief that can be sought.

It's doable.

1 Answer | Asked in Family Law for Illinois on
Q: I gave my 17 year old daughter consent to go visit her friend in New York and she was suppose to come back home.

Do I have a legal right as her mother to go to New York and make her come back home to Illinois?

Cheryl Powell
Cheryl Powell
answered on Jan 20, 2024

Yes, but The police deal with this issue differently in different jurisdictions. I would call the police dept that covers this area and see what their procedures are. She is essentially now a runaway then, right? They may want a report on file, not sure. For example, here if a kid refuses to go... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: What kind of information my ex-girlfriend should give me about her boyfriend if she want to live with him and my kid?
Cheryl Powell
Cheryl Powell
answered on Jan 17, 2024

Unless so specified by any court orders, she is not required to give you anything. It would be nice if you could track him on judici for the past 5 years so you see if he has been involved in Any criminal activities. Full name, last 5 years of addresses, counties he has lived in and date of birth.

1 Answer | Asked in Family Law for Illinois on
Q: can I go after 5 years of father not allowing me contact ?

Can I go get custody of my 6 years daughter even tho its been 5 years since father has allowing me contact ?

Cheryl Powell
Cheryl Powell
answered on Jan 12, 2024

You can TRY to do anything you like, however, the likelihood of your winning is slim to none. I don't know if you have a court order now or not. If you have no court order for parenting time now, you should attempt to get one asap. Be prepared for supervised time to give the child time to... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Illinois on
Q: Can a parent sign over their rights to a friend after their child is put into foster care, In the state of Kentucky

The mothers daughter was put into foster care, at the end of the month she has court for termination of rights, and she would like to sign those rights over to me and my husband instead. We just want to know if that is even possible and how to proceed if it is.

Cheryl Powell
Cheryl Powell
answered on Jan 11, 2024

I can tell you what would happen in Illinois and the rules should be similar to Illinois. In Illinois, the child would be a ward of the court before a termination of rights case began. The only way you could get the child is if DCFS KY agrees. You need a lawyer who works with DCFS and does... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Illinois on
Q: Is my ex breaking my OP?

I have an OP against my ex spouse. We have a child together. He only gets to talk to him on talking parents. He told my child that he can’t talk to him again on the required day and to tell me that I should allow him to let him talk to him at another time. Is he breaking my OP by directing my son... View More

Cheryl Powell
Cheryl Powell
answered on Jan 10, 2024

I don't know what talking parents is. But I don't believe that having child visitation by phone or explaining how yo facilitate it should be an op violation. That provision is more about using a 3rd party to send messages to you like are you willing to try to reconcile, etc.

2 Answers | Asked in Consumer Law, Estate Planning and Family Law for Illinois on
Q: Questions pertaining to an affidavit of heirship. Very confused on paperwork

Help. Please

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 9, 2024

The affidavit of heirship is important when opening an estate. Some counties have pdf forms other require original typed word documents. You essentially need to identify the spouse and children. If there is no surviving spouse or child, then make sure there is no survivor of a predeceased child. If... View More

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Illinois on
Q: Looking for an experienced chicago attorney to investigate a dcfs case.

The case itself is in Lake county but since a family member is an ex dcfs cop,shes friends with everyone and has worked under the color of law to get custody of my grandchildren by lying and commiting fraud.I need an honest unbiased person outside of lake county to investigate the violation of... View More

James L. Arrasmith
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answered on Jan 1, 2024

In seeking an attorney to investigate a DCFS case in Lake County, Illinois, while avoiding potential conflicts of interest, it's wise to look for legal representation outside the local area. A Chicago-based attorney could provide the necessary distance and impartiality for your case.... View More

1 Answer | Asked in Family Law for Illinois on
Q: Hi my sons father is an absolute nightmare to deal with and he is dragging me through the court system. I need help.

He is the father but left me alone during my pregnancy but we were occasionally communicating through email. He said he wouldn't shirk the responsibility in any way and he is doing just that.

Cheryl Powell
Cheryl Powell
answered on Jan 1, 2024

If you need help with child support, you can apply for help through heatmlth and human services. If you need help with custody, legal services may be able to help you.

1 Answer | Asked in Family Law for Illinois on
Q: What can a parent do to get their 17 year old to move from one town to another when the kid is refusing to?

We have to move and he is refusing to because he don't want to leave friends. I'm a single parent with full custody and his dad isn't involved. I refuse to sign over any parental rights. He has begun to hang around a bad group of kids not long ago and leaves when he wants to and... View More

James L. Arrasmith
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answered on Dec 31, 2023

As a single parent with full custody facing a situation where your 17-year-old is refusing to move with you to another town, it can be challenging. It's crucial to prioritize your child's well-being while also addressing their concerns. Here are some steps you can consider:

1....
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2 Answers | Asked in Family Law and Probate for Illinois on
Q: Beneficiary Rights to Mothers Estate, information is not being shared by Executor.

It appears that the Executor

is not being fair or impartial and it is not in the best interest of the beneficiary, my mom. I believe my grandma’s estate is being mis-managed. We would appreciate some guidance on what we, as a family, can do for my mom. Please let me know if you need... View More

Cheryl Powell
Cheryl Powell
answered on Dec 14, 2023

The first thing is that there are timelines. Was there a will? If so, it should be filed within 30 days of death. And an inventory should be filed 60 days after the will was admitted to probate. Has your mother received an inventory?

Timeliness are not as strict if there was no will.

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1 Answer | Asked in Family Law for Illinois on
Q: I have a brother that is mentally ill and is being abused by his mom and my dad In Illinois. What can be done?

He was abandoned by his mom and left on the street of California as a small child. He then became ward of the state of California. He was living in a facility in California called Laurel behavioral health his whole life up until the age of 46. That’s when his mom and my dad got the bright idea to... View More

Michael Goldberg
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Michael Goldberg
answered on Dec 22, 2023

If you believe your brother is being abused, you should first call the police and file a police report. His parents have guardianship of him at the moment, but that can be ended by the court that oversees guardianship. If you wish to become his guardian to make decisions for him, you can petition... View More

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