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Illinois Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How can I change an agreement made on record? It has no been finalized yet. We go back for finalizing June 7th.

My soon to be ex husband and I made an agreement that once he does anger management he can do visitation with the kids ever other weekend spoken through the court. However, I want a provision added in that states our oldest can choose when/where/how he wants to communicate with his father. The... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 28, 2021

Only your attorney knows all of the facts of your case and only he is in a position to advise you properly. However, it sounds like your oldest son and your ex could use some reunification therapy. This would involve a separate Motion , but you are in a bad situation. Perhaps, you could talk to... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: If moving to a different school district, does that violate the joint education decision part of our parenting agrement

We will still be in macon county only about 10 minutes further but a different school district. I do not get child support. I pay for everything. My ex gets every other weekend and 2 nights a week 4 hours each time. Do I need her approval to move?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 10, 2021

Unless your Judgment specifically provides otherwise, you may definitely move as you described.

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Illinois on
Q: Is this a conflict of interest? Should I get a new lawyer?

My lawyer is asked by the judge to submit extensions for my spouse's order of protection because they don't have an attorney. Isn't this a conflict of interest for me, and can't I just have my attorney not do it?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 30, 2021

There is no conflict of interest. Your lawyer could hardly say no to the judge under these circumstances. It's a mere courtesy to the court.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: I need help trying to get a divorce . I have a 9 yr old son an a house under mine and husbands name.

He will seek for full custody of my son. And will make things hard for him to sign divorce papers. I really need guidance. And and idea of how much will this cost me.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Feb 20, 2021

The best guidance I can suggest is for you to contact a local divorce lawyer, and explain ALL of the facts to him/her. You really have not provided us with enough info to assist you properly. It is not uncommon for a bully-type husband to make the threat about custody. Divorce lawyers hear this... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Illinois on
Q: I have proof of and paper documentation of all of my rights have been broken!

I have proof! I've been shut down no one will help there is plenty of paperwork and documentation. My child has been stolen. And these people falsified information and documented that these allegations were true, without investigating! Please help us!!!!

Juan Ooink
Juan Ooink answered on Nov 12, 2020

It seems that you need to hire a Family Law Attorney right away.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Illinois on
Q: What can I do about my abusive ex lying on a OP to get custody of our 2 year old son?

My son's father abused me for 3 years I finally got away from him so He filed a Order of Protection making false claims that I physically abused our son. He did not disclose in the petition that I have had a OP on him for my kids and myself. Or that he was arrested and charged with aggravated... Read more »

Juan Ooink
Juan Ooink answered on Nov 9, 2020

This is something you need to discuss with a Family Law Attorney right away. The sooner you hire an attorney, the better.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Illinois on
Q: will i get in trouble for Running away from a place my mom makes me live because she kicked me out

my mom kicked me out and let me live with my boyfriend and signed a paper saying his dad had custody but then she changed her mind and signed me over to my grandparents who i barley know we didnt go through anything legal it is just a paper out of a notebook saying i can live there do i have to... Read more »

Cheryl Powell
Cheryl Powell answered on Nov 2, 2020

Legally, you are required to live wherever your parents say. No court order means nothing enforceable typically. Your parents can choose to give guardianship or to take it away. Anyone who harbors you can be charged with harboring a runaway.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Ex husband engages in inappropriate behavior during his parenting time

My ex husband has parenting time every other weekend. Our daughters are 13, 9 and 9.

Last weekend my daughter walked by his bedroom at 2 p.m. when all of the kids were in the house and heard voices. The door was closed, but she could clearly hear him engaging in an online chat coercing... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 28, 2020

Contact the lawyer who handled your divorce, make an appointment immediately , bring in the daughter and the recording. Follow the advice the lawyer gives you.

If you did not use a lawyer when you got divorced, contact a lawyer immediately, make an appointment, bring in the daughter and the...
Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My 14 year old wants to live with me.

We have a parenting agreement that is 3 years old. My 14 year old never wanted to live with her dad. I felt railroaded and signed the papers. Is there any way to do this without contesting? The father (who is not her biological father but is on the birth certificate) will not agree for her to move... Read more »

Cheryl Powell
Cheryl Powell answered on Oct 21, 2020

If you want to change parenting rights and responsibilities, you have to contest if you disagree. That is the nature of family law.

1 Answer | Asked in Divorce and Child Custody for Illinois on
Q: I am looking for assistance in getting a non contested divorce. This is a very simple divorce with no assets to divide.

We have two kids that we plan on splitting 50/50. Please advise how we can do this on a very low budget.

Martin A. Delaney III
Martin A. Delaney III answered on Oct 13, 2020

I suggest that you both discuss every aspect of a settlement and come to a complete agreement. Then, call an attorney to put the agreement in proper form. There will probably be certain things you both did not consider. I would go over them with you if you came to my firm. The way my firm works is... Read more »

1 Answer | Asked in Child Custody and Divorce for Illinois on
Q: I want to divorce my husband but I want to give him full custody of our child. What form do I fill out?
Cheryl Powell
Cheryl Powell answered on Oct 2, 2020

Will county posts this information.

There are forms with children.

http://www.illinoiscourts.gov/Forms/approved/divorce/divo

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: i want to live with boyfreind i want to emancipate myself we had a kid but lost him im 15 i stuggle with mom i work

me and my boyfreind want to get an appartment i want to emancipate myself at 15 and a few months when ive been stuggeling with my mom for 3 years knew my bf for a year and months dont feel comfterable with my step dad i work and my boyfreind works when i was pregnant my mom put alot of stress and... Read more »

Cheryl Powell
Cheryl Powell answered on Sep 22, 2020

It is rare for a 15 year old to get emancipated. You do not say how old the bf is.

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.

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