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Illinois Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Illinois on
Q: I would like to file for custody of my son I don’t want to completely take him from his mother what can I do

I have always had my son more ever since me and his mother separated which was when he was 1 now he is 5 and for the last year and a half we have both had him half and half because on Christmas of 2018 she tried to take him away and used her being the mother to keep him from me so she practically... Read more »

James G. Ahlberg
James G. Ahlberg answered on Mar 26, 2020

Your best bet is to schedule an appointment with a lawyer who practices family law. Bring any paperwork (court orders and such) you have related to the situation and explain to the lawyer what's going on and what you want done. If you don't know how to find a good lawyer, talk to friends and family... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Illinois on
Q: I'm 16 and live in illinois. I want to be emancipated from my parents. How do I do that? My home is unsafe to live i

My house is in awful condition. Its unfit and unsafe to live here. My parents wobt consent to my emancipation and may become violent. I have people that would let me live with them. I dont know what to do.

James G. Ahlberg
James G. Ahlberg answered on Mar 14, 2020

It's not easy. To learn how it is done, go to this website: http://www.ilga.gov/legislation/ilcs/ilcs.asp

On the window that opens, click on Chapter 750 FAMILIES.

On the next window that opens, click on 750 ILCS 30/ Emancipation of Minors Act.

Pay particular attention to...
Read more »

1 Answer | Asked in Child Custody for Illinois on
Q: My 17 year old daughter wants to move out of state to live with me she says her mother is getting abusive

I live in Missouri and she lives in Illinois

James G. Ahlberg
James G. Ahlberg answered on Mar 12, 2020

Assuming your custody or parenting order was issued by an Illinois court, you need the court's permission for your child to move out of state. It is more complex an issue than it seems -- don't try to do this without a lawyer who knows what to do and knows the evidence that's necessary.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Is there a time period for a child to speak to a judge on which parent they want to live with?

A year ago our children were able to speak to the judge when a modification of parental time and responsibilities occurred. In a year we will be filing a new motion parental time and responsibilities due to change in circumstances. Our youngest (14) no longer wants to spend as much time at the... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Mar 9, 2020

It most definitely depends on the judge that you are before. Some judges will never talk to the children. You should file a Motion for In Camera Interview and request that the judge interview the child. If the motion is denied, the judge may appoint a GAL or you may need to file a Motion for... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How does clarification of a court order work?

There are a few disagreements occurring with our allocation of responsibility order and I would like clarification on the wording. It's clear that I read it one way and my ex reads it a different way.

Marilyn  Johnson
Marilyn Johnson answered on Mar 9, 2020

You can file a Motion for Clarification. The court can then review the provisions in your Allocation Judgment that are at issue and hopefully clarify it for you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: When is a good time to file a motion of contempt?

My ex has primary authority on medical however they are not following the court order reading having discussions with me on medical procedures, notification of appointments or providing me access to the healthcare provider information.

I want to make sure I have enough supporting... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Mar 9, 2020

Your judgment may indicate how you are to communicate with your spouse which be via Family Wizard, email,etc. If so, communicate as is required by the judgment. If not, communicate in writing so that you can present written evidence in court as to the violation of your judgment.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can a child request a change in parental time?

Our child would like to change parental time but know it will upset the other parent.

Can I petition the court for a change on behalf of the child or would I be petitioning as the parent with cause?

If I am able to file a motion for change, what documentation can I provide to the... Read more »

James G. Ahlberg
James G. Ahlberg answered on Mar 9, 2020

You are the one who would file a motion or petition, not your child. The documentation you need is going to vary depending on the reasons the modification of parenting time is sought.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Im 20, my girlfriend is 16 .we have a baby coming and dont live together. What are my rights.

She lives with her mom. He mom doesnt want us together. Can her mom keep the baby from me. Since my girlfriend will be a parent does that make her an adult?

James G. Ahlberg
James G. Ahlberg answered on Mar 7, 2020

You've got a problem. The age of consent (when your girlfriend can agree to have sex) is 17 in Illinois. If you're 20, it appears you've committed statutory rape. Your girlfriend doesn't become an adult just because she has a baby. I'd say it's up to a court as to whether the girl's mother can keep... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What if my 15 year old doesn't want to go into the court room.
Marilyn  Johnson
Marilyn Johnson answered on Mar 4, 2020

You didn’t provide enough information. If a court order was entered that you are to bring the child to court and it. It complied with, you could held in contempt of court. If there was a court order, then you must encourage her to comply with the order. If there was not a court order entered to... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: If I have a daughter and I didn't marry, can I take my daughter on a week vacation out of state?

We have not gone to court for any type of custody or for any other legal action.

Marilyn  Johnson
Marilyn Johnson answered on Mar 4, 2020

Yes. You can take your child out of state for a week. You should inform the father of the details of your trip so that he is fully informed. If you do not inform him, he may become very concerned and worried.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Sec. 513. Educational expenses for a non-minor child.

(a) states the court may aware sums of money out of the property and income.... for education expenses. Would an inheritance be used as a determining factor in what is available to pay for a non-minor child's higher education?

Would the court normally order a financial discover be done if... Read more »

James G. Ahlberg
James G. Ahlberg answered on Feb 26, 2020

The answer to both your questions is yes.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: 50/50 custody.

I plan on discussing with my lawyer when the time comes. I dont have the extra $ right now and because of the tender age of my daughter i know it will not happen. I just wanted to know if i keep up with everything and keep doing what im doing if my chances will be greater. I already know her mom... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Feb 25, 2020

You should continue to follow the parenting time schedule and to be actively involved in your child's life. You definitely should not agree to change your child's surname. Do not miss any parenting time, attend school functions and attend extracurricular activities. If you do that , it will help... Read more »

1 Answer | Asked in Child Custody for Illinois on
Q: My daughter was a college student at University of Nebraska, got pregnant. Had baby in Neb. where can she file custody?

Boyfriend kicked her out thanksgiving night at 11:30 pm and has been living with his dad (and dad's girlfriend) since. She is basically homeless out there. No family, few friends, did not finish college on his promises to marry and start a family.

James G. Ahlberg
James G. Ahlberg answered on Jan 31, 2020

She can file for a determination of paternity, custody and child support wherever she and the child are living. She should do this ASAP, since until a court determines custody and visitation (now called parenting time in Illinois) she and the child's father have exactly the same rights to the... Read more »

1 Answer | Asked in Child Custody for Illinois on
Q: The father of my child is filing allocations of parental responsibilities for our child? What does this mean?

What should I do in this case if I don’t want him to have these responsibilities?

James G. Ahlberg
James G. Ahlberg answered on Jan 30, 2020

It means he is going to suggest to the court which one of you gets to make certain decisions for the child and what parenting time (formerly called custody and visitation) each of you will have. Go to this website and click on Parenting Plan to fill out a copy of the form that should be filed with... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Is it possible to change my child’s last name to mine?

I would like to change my child’s last name to my last name. Their dad and I were never married, we don’t have any court order custody agreement, and he’s always been in and out of her life and not financially responsible. I was informed by him about 6 months ago that he has started the... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 23, 2020

It can be done through the courts, but you will be required to provide notice of the court proceeding to the child's father. Be prepared to show it is in the best interest of the child to change the name.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: If our child drops out of college and decides to enroll again prior to age 23 can I be held financially responsible?

Child wants to graduate high school early but I don't think they are mature enough yet. We don't have anything outlined in the parental plan for higher education however I am the primary decision maker with high school.

I'm curious if our child attends college after graduation and then... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

Frankly, the best answer I can give is not to fret about something so far away over which you have little or no control. This is the advice I'd give if you were a client.

1 Answer | Asked in Child Custody for Illinois on
Q: If mother of your child doesn't want you on birth certificate is their any papers I can file to get put on it

How to get legal visiting rights

James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

Your best bet is to hire a lawyer to file a paternity action. If you're the father, the court will issue an order saying so. It can also order that your name be added to the birth certificate, decide what parenting time (formerly known as custody and visitation) each of you gets, and determine how... Read more »

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: If parental order was not followed prior to child attending College, am I financially responsible?

Our current order states that the three of us (mother, father and child) will work unilaterally regarding College. So far I've been kept in the dark and our child won't answer any of my questions regarding college. Our currently order only states that if the three of us cannot agree regarding... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 18, 2020

Ask your ex-spouse about college. Your child wasn't a party to the legal proceeding in which the order was entered, whereas your ex was. Your child can't be held in contempt for not obeying an order in a legal proceeding to which the child was not a party. Your ex is bound by the order since he or... Read more »

2 Answers | Asked in Family Law, Adoption, Child Custody and Domestic Violence for Illinois on
Q: How do I terminate a guardianship from Illinois? My daughter's guardians have taken my daughter with no contact.

Her legal guardians have taken my daughter from me, filed an emergency motion in Illinois stating to the Judge that they are deciding who speaks/ sees to her, and that they would deny any contact from both parents. My ex (her father) was released from jail with 2 counts of continuous family... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 6, 2020

Sounds like there was a case pending in Illinois. If there is an order there contact an attorney in that county in that state. Good luck!

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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Legal Malpractice for Illinois on
Q: So I went from 50/50 custody to 3 days a month! I filed motions and judge laughed and told me I'm no lawyer.

I dont have extra money for lawyer. The court system has laughed at me and told me I'm no good for my son and without a license I cant properly raise our son. I need help pro bono. Our son needs me like he needs his mother. His mom dont work. Refuses to, and judge put in order that I'm not aloud to... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Jan 3, 2020

There are attorneys that offer paid coaching and drafting services.

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