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Illinois Child Custody Questions & Answers
2 Answers | Asked in Child Custody and Divorce for Illinois on
Q: Son is needing a divorce. Child born during separation. He was told he would have to wait till child turned six months

He has yet to be allowed to see child. Child and estranged spouse live In Indiana Son lives in Illinois.

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

Your son (not you on his behalf) should speak to a lawyer as quickly as possible.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: If I get remarried to my ex does the prior divorce decree become null and void or will it go into effect if we split up?

We divorced in 2010 and he received custody of the kids. We have since gotten back together and remarried. Did the original decree become null and void when we remarried? If we get divorced again will it take effect or will a new one be in place?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jun 23, 2020

You will have to file for a new divorce.

1 Answer | Asked in Cannabis & Marijuana Law, Child Custody, Child Support and Divorce for Illinois on
Q: mother and step father are getting a divorce both wanr custody of my 6-year old brother. I’m 22 and did weed and acid.

This was a few months ago and I lived in my own place. I have no history of abuse or records. Will this affect my mothers ability to get custody of my brother? We have all of the evidence of him being abusive and I always take care of my brother. He’s going to try and make it seem like my mother... Read more »

Cheryl Powell
Cheryl Powell answered on Jun 19, 2020

It does not matter what you chose to do when you were an adult on your own.

1 Answer | Asked in Child Custody for Illinois on
Q: Who do we contact when the father took through child and won't return or answer calls!!
Cheryl Powell
Cheryl Powell answered on Jun 9, 2020

I would start with the police. Depending on the situation, he could be charged with child kidnapping. If there is no court order, the mother needs to hire a lawyer and get one.

2 Answers | Asked in Family Law and Child Custody for Illinois on
Q: Yes I've been getting harassed by my girlfriend parents and the local police in her hometown

Yes, I'm currently going through a rough time in life right now, my girlfriend lives with her parents with our kids and I live with my parents. As of right now her parents try to get me in trouble anyway possible they even have the police fallow me thru town when I go to pick up.my kids. As of... Read more »

Cheryl Powell
Cheryl Powell answered on Jun 6, 2020

Absolutely! If you signed the birth certificates, you need to go to court to get visitation established. If not, you will need to establish paternty first and, if contested, you will need dna tests. $650 for first kid, not sure about how much per kid after that.

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2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: What will the legal consequences be of running away at age 17, I dont care that im free at 18.

I want solid answers, If I go live with a trusted relative who keeps quiet will they get in trouble? I wouldn't tell anyone where I'd go, I just need to know what would happen to those people. Also if I have a job and police or my parents confront me there would they be able to take me... Read more »

Cheryl Powell
Cheryl Powell answered on Jun 2, 2020

Yes, anyone helping you can be charged with a felony for harboring a runaway.

Your parents have complete authority and control over you. As a practical matter, if the police find you and you are not suspected of a crime, you would be taken to the police station. Your parents would be...
Read more »

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1 Answer | Asked in Child Custody for Illinois on
Q: If the mother leaves the child with the father who has no custody or for three years, can she come take the child back

Child born out of wed lock in Illinois

Cheryl Powell
Cheryl Powell answered on May 24, 2020

Yes, she can come get the child. He needs to file for custody if there is not already a court order regarding same. He also may need to establish that he is the legal father.

1 Answer | Asked in Child Custody for Illinois on
Q: Working on a child custody case needing to file a petition I just I’m looking for direction

I’ve been trying to see my child the mother of my child will not let me in I’m taking her to court I just need to know the best way to build my case

Cheryl Powell
Cheryl Powell answered on May 23, 2020

This forum is not designed for that purpose. Some lawyers may work with you. Call around and find one.

1 Answer | Asked in Child Custody for Illinois on
Q: My daughter who turns 17 in August is refusing to visit her father. We live in Illinois. Will she be forced to visit?
Cheryl Powell
Cheryl Powell answered on May 13, 2020

It is your responsibility to make her available. SHE has to be the one to tell him she isn't going, not you. If you do it, you can be cited for unlawful interference with visitation.

SHE should call him in advance saying she does not want to come. If he comes anyway, he can call the...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How can I keep my daughter?

My 5 year old daughter currently resides with the man that signed her birth certificate. She is in unsafe living conditions. She constantly comes back me dirty and in dirty clothes. He has broken the signed custody agreement, on March 16th was the last time I had a visitation with my daughter.... Read more »

Cheryl Powell
Cheryl Powell answered on May 10, 2020

I do not know Indiana law. However, i can advise to have the bio dad to run to a lawyer now. You are complicit in defrauding the government in lying to them about the father when you signed the voluntary acknowledgement of paternity. He is not.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Can dad give custody back to mom without paying for a lawyer or going to court?

Dad took Mom to court for custody of 15yo daughter. Mom didn't fight it, Dad got custody. Dad is an emotional abuser and it's not working out. He won't just let her go back to the mom without going to court "because he doesn't want to pay child support". Is there a way... Read more »

Brian W. Reidy
Brian W. Reidy answered on May 7, 2020

Parties can agree to modify parenting time without a court order. Parties cannot modify child support orders without a judge signing an order. If the goal is to modify parenting time, the parties can agree and they should put any agreement in writing.

If the child lived with mom, dad would...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Is there such a thing of abuse of primary authority of decision making of minor children?

Our child had braces about 5 years ago and now has them again but my ex doesn't feel there is enough progression (3 months) and wants them taken off and a new type put on. We have already entered in a 2 year contract with the Orthodontist and insurance has already paid their portion. This... Read more »

Brian W. Reidy
Brian W. Reidy answered on May 7, 2020

It may not be abuse, but it certainly is a basis for you to seek a modification of your financial responsibility. Given the facts that you have presented here, I believe a judge would not hold you responsible for 50% Or any other amount if you file a timely motion. You might also consider filing a... Read more »

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: What it means to divorce after 16 yrs. 27months old involve. Both parents are type1 diabetic. Mother is always homemaker

My husband emotionally abusuing me. I am well controlled diabetic but also has hypoglacemia history. Paramedics treated me few times. Will i loose my child custody? Though last hypoglecemia happened four yrs back in different country.

My husband is also well controlled type1 diabetic. Does... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 4, 2020

You have not provided enough facts to allow for a definitive answer, but there isn't anything you have said that would indicate you would not receive at least 50% of the parenting time. Your depiction of your health condition does not hurt your chances of being the residential parent. The fact... Read more »

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2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: Can my child move in with me even though his mom has primary physical custody?

We have 50/50 custody, but were never married and she has primary physical custody. We all live in the same town. He's 14 and wants to live with me. Is he free to do so, or do I need to go to court first?

James G. Ahlberg
James G. Ahlberg answered on May 1, 2020

You have to go to court first. Your child does not have a free choice of where he lives until he becomes an adult at 18.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: Can my husband take the kids and move far away in state or out of state before I file for a divorce

I am unfit mother and want to get custody or visitation can I and how would I do it

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 27, 2020

Your situation definitely requires a lawyer. Until a case is filed, either parent can go wherever they want with the children, but he or she might have to bring them back after a case is filed. This depends on many factors - one of the biggest of which is whether or not the move was out-of-state.... Read more »

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... 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...
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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.

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