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Illinois Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My ex is telling me that I'm not allowed to provide health, dental, vision insurance per our court order.

Our court order doesn't contain information on insurance. I've carried secondary insurance on our children since 2015 and prior I was primary. Midway into 2015, my ex wanted their spouse as primary due to "better" insurance. That order was voided with the 2019 order. My ex has... Read more »

Cheryl Powell
Cheryl Powell answered on Sep 10, 2020

How about getting a copy of your Order and reading it? In 32 years I have never seen an Order prohibiting anyone from providing insurance for their child, although I bet there is one out there and an explanation about insurance companies is included. Generally speaking, if a spouse who is not... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My daughter who is an adult has custody of my son who is a minor and I want visitation with him.

I call and text my daughter and she says to make arrangements with my son and I get hardly any reply from him.

Cheryl Powell
Cheryl Powell answered on Sep 8, 2020

You need to file a petition for parenting time or hire a lawyer who will.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: if the parents were never married and theres no court order but he's on the birth certificate who makes major decisions?

I recently told the kids father that now that school is starting back they need to be home during the week for school and tutoring and he can spend time every weekend. Well he doesnt agree with my decision and I fear he wont bring them home because of my decision. Never been to court for anything... Read more »

David Nachman Byer
David Nachman Byer answered on Aug 30, 2020

If your former partner is on the birth certificate he is legally presumed in the absence of a challenge to be the child’s father. You both have a theoretical right of equal status to choose how to parent (such as deciding what times the child will be with which of you and the making of any... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Mother moves child to another state without my permission and a court order

What do I do if my child's mother takes my child to move to another state without my permission and a court order and I’m paying child support?

Cheryl Powell
Cheryl Powell answered on Aug 28, 2020

You will need to hire a lawyer to have her brought back to court. Hopefully, you know where she is to have her served.

1 Answer | Asked in Child Custody for Illinois on
Q: my mom and dad adopted my daughters 2yrs ago and i want to get full custody back can u help me please

they are 15 and 16 and they want to live with me! ive got a full time job and a part time job and im working on getting me a house for me and the girls and i also have my own vehicle in my name with insurance!

Cheryl Powell
Cheryl Powell answered on Aug 27, 2020

No. If your parents adopted your daughters with your consent or you were served and did not respond, your parental rights are terminated and adoptions are final.

2 Answers | Asked in Child Custody and Divorce for Illinois on
Q: if my parents agree on a different schedule than the court agreement, is it illegal?(they are divorced)
Cheryl Powell
Cheryl Powell answered on Aug 25, 2020

They can have any agreement they like. They do not have to follow what is on the papers. They have to comply with the court ordered documents if they cannot agree.

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1 Answer | Asked in Child Custody for Illinois on
Q: My kids dads were given sole temp custody in juvenile court. What do I file (pro se) in family court to regain custody

dcfs removed them from my care due to DV involving my husband. He has moved out, my kids really want to come home, but I cant afford an attorney. What do I file in will county to ask for them back?

Cheryl Powell
Cheryl Powell answered on Aug 22, 2020

A divorce. And a Petition for Temporary Parenting Time and Responsibilities.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: The mother of my child is taking me to qourt for child support what can I do to get out of it I just got out of prison
Cheryl Powell
Cheryl Powell answered on Aug 9, 2020

Oftentimes, judges will order you to get a job, come back with a document you filled out showing that you applied at 20 places per month, etc. You have a child and you have a legal obligation to support that child. There are many companies who hire convcited felons.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: He has told my other son's father that all he had to do was spend a lot of money on a good lawyer an

And this lawyer will have him walking away only paying me 20 per month with joint custody

Cheryl Powell
Cheryl Powell answered on Aug 4, 2020

Yes, a lot of people tell others things like that. I do not know the circumstances of your case but things like that are usually b.s.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: My child is 7 years old his father and I were never married and we separated for years ago due to him lying and cheating

I recently filed for cash assistance which of course now they're taking him to court for child support rumor has it he's going to fight me and try to get custody of our son what is the likeliness of him gaining custody. I have record of several times he did not show up for his weekends to... Read more »

Cheryl Powell
Cheryl Powell answered on Aug 4, 2020

The primary caretaker of the chil is usually awarded the most parenting time. He will get some parenting time if he requests it.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Illinois on
Q: if a 40 year old man impregnated a 13 year old and she gave birth to that baby and no one else knows what would happen?

The man (40) is the child’s (13) mother’s boyfriend (my father)

Cheryl Powell
Cheryl Powell answered on Jul 30, 2020

No one else knows??? The baby will be born in a hospital. Everyone will know. It will be questioned. The mother is probably on a medicaid card.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: My daughters mother will not let me see my child unless I pay her. We have no court order and she wouldn’t let me sign

The birth certificate. Does she have a right to keep my child away from me? She won’t even let me speak to her on the phone. I don’t have a lot of money. What’s my best course of action, for getting custody/visitation, and getting my name on the birth certificate. I live in Will County, Illinois.

Cheryl Powell
Cheryl Powell answered on Jul 28, 2020

You need to file a parentage action in Will County. First you have to establish that you are the father, before you have any right to custody or visitation, now called parenting rights and responsibilities. So yes, until you are established, she has the right to keep your child away from you.... Read more »

2 Answers | Asked in Family Law, Divorce, Child Custody and Domestic Violence for Illinois on
Q: Mentally unstable wife takes children from father at 4am and is now refusing to let him see them.

-She has a record of being hospitalized.

-when she left, she took the kids, took things, broke things, and had guys with her that hit Husband with the car.

-the kids are 1 yo and 2 yo. They were off of formula and now she's put them back on it. They're at her... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 28, 2020

If the father has filed for divorce, he should have his own lawyer. He needs to talk to his lawyer asap. He may also need a lawyer in MI now.

In addition, if the children were present when the mother had someone try to run the father over, dcfs should have been contacted. Also dcfs in mi...
Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: serving a filed motion

If a person files a motion pro se to suspend parenting time, are they obligated to serve the opposing party? What if the opposing party doesn’t find out about the motion until after the order has been granted?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 25, 2020

Proper service of the Motion MUST be given to the opposing party. It is unlikely that the judge would enter an Order without evidence of the necessary Notice that should have been given. If an Order does get entered, and the other party doesn't find out about it until afterwards, he or she can... Read more »

3 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Can my income (I'm the stepmom) cause my husbands child support to increase? Can we file for every other weekend ?

My husband pays his child support in time and doesn't own any back pay. But the children's mother demands more money from him, since we just got married last year. We have a 5 month old baby together and he has 4 kids with his ex (they were never married). But now he has another... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

Yes, a spouse's income is related to the standard of living that the child would have enjoyed had the marriage remained intact. The father has more money to contribute. More money is available to him, he can have nicer things because he married and has a 2 income family.

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Our parental order states that w must respond to all requests within 48 hours. My ex sent a message that stated the date

school starts and when the school schedule starts(parental school schedule). Our school schedule is outlined in our court order so I didn't see the message as a request but a failure on my exs part to read the order, based off past messages. This is the message: " x's school starts... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 22, 2020

Let's just speak English and talk about the dispute.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: I need to find a pro bono attorney for a grandmother/grandson custody issue in Iroquois Co. IL.

My grandson has been with me for 16 years, (that is his age as well). His father is out of the picture. His birth mother, in another county has began seeing him more over this summer. She now wants him to live there. She has not given one dime in child support, or done anything to help with him in... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 21, 2020

Contact Prairie State Legal Services and see if they are willing to help you.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: How hard would it be to get shared custody ?

my first partner and I had a child and we broke up and I never saw the kid again. She told me to at say away so I did.

I got with my second partner and had 2 kids. She now won't let me see them. I want to get shared custody. I am better now days, I got married and staying out of... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 21, 2020

If you want shared with any of your children, the first one included, you should hire a lawyer to file cases so you can at least get started with visitation of them. You are not precluded from visiting any of your children because you have not seen them in the past or because you served jail time... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: Can anyone help me with legal advice for child custody concern because of covid and school?

My ex husband and I divorced in 2018 in state of Missouri. Shortly after divorce I moved to Illinois with current fiancé. We share 50/50 physical and sole custody. Two children, boy(5) girl(3) both was enrolled in school in Illinois. Son attended pre-k last school year. Daughter attended 0-3 at... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 21, 2020

If you have joint decision making and he does not want them to attend school, your agreement should state that you go to mediation. At mediation, you decide whether or not you agree. If you do not reach an agreement at mediation, he has the right to ask you to go to court.

2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: How hard is it to get full custody as a dad?

The mother of my kids doesn't let me get share custody. Now she has blocked me and my wife and can't get in contact with her or my kids. Im tired of this. I just want shared custody over my kids. My kids have mentioned to me that want to live with me? Does it help if I file for custody... Read more »

George W. Svoboda
George W. Svoboda answered on Jul 21, 2020

Getting full custody may be difficult. The mother has rights too, unless she is abusive or neglectful. The children's wishes may be taken into account depending on their ages. Remember, they probably say different things to each parent. That is typical survival behavior. They want to please... Read more »

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