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Illinois Child Custody Questions & Answers

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Illinois on

Q: Vacated Order of Protection, but my parenting time is still restricted. What can I do?

My ex-wife took out an OoP regarding our child. Because of this, parenting time was restricted to supervised visitation. OoP was then vacated, but my parenting time is still restricted. I would like for the allocation of parental responsibilities to be returned to the original Custody Judgment -... Read more »

Juan Ooink answered on May 23, 2019

You need to hire a Family Law attorney to assist you with this matter. The sooner you do so the better.

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: Hello. I'm having some issues with my sons father him and I both have our own relationships. But have joint custody .

I get him every other weekend. And he treats me like he has more lean over me. His new gf wont allow me to see much of him they didnt even want to tell me when his doctors appointment was. I just dont know what to do, theres alot more than that

Ray Choudhry answered on May 17, 2019

If you have every other weekend, why is there a problem.

You can call the police and they will force him to turn the child over to you.

As to say so over raising him, it depends on what the court order says.

Seems like an old order with custody and visitation.

You...
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1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: Can my 17 year old daughter choose to live with me without going through the courts? She will turn 18 in 6 months.

My ex wife is the custodial parent of our two kids, ages 14 and 17. My daughter no long wants to live with her mother. We have joint custody and I pay child support. My daughter wants to leave but I do not know if she can just leave and move in with me or do I have to petition the court. Like I... Read more »

James G. Ahlberg answered on May 16, 2019

When she's 18 years old she becomes an adult and can live where she chooses. Until then, her residence is determined by court orders.

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: We now live 74 miles from each other. His visitation every other weekend. Do I have to drive the extra 27 miles?

We have 50/50 custody with me as Primary residence. He moved after we were divorce 27 miles further. He wants me to pick her up now at his residence. He picks her up at mine. But I also didn't move further. If we went back to court would I still have to drive the distance?

James G. Ahlberg answered on May 13, 2019

There's no hard and fast answer to this. It will be up to the judge if the two of you can't agree.

1 Answer | Asked in Child Custody and Family Law for Illinois on

Q: Is mental health of the child a consideration if a request for sole custody\change to the residential parent is made?

A temporary order was put into place to change the residence of our minor child. In this case the residential parent has majority of parenting time. Since that change the child attends therapy less (child was in therapy prior to the TO) are happier, child has reduced their anxiety and stress... Read more »

James G. Ahlberg answered on May 10, 2019

Yes, the mental health and well-being of the child should be taken into account. Make sure your attorney has all the information available to you.

1 Answer | Asked in Child Custody for Illinois on

Q: I had to give up custody of my son to my mother 7 yrs. ago due to domestic violence. How do i get him back

Ray Choudhry answered on May 7, 2019

You go into the same court as gave her custody and ask the court to modify or terminate the previous order giving custody to your mother.

2 Answers | Asked in Child Custody for Illinois on

Q: so my mom had surrendered her parents rights.

but I want to know can I go and live with her because now I am 20 years old

Ray Choudhry answered on May 4, 2019

Unless there is something missing, of course you can.

If she gave up parental rights, she can even adopt you.

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1 Answer | Asked in Child Custody for Illinois on

Q: I want to give up my rights to my child’s father.

Do I need an attorney for a court date or can I schedule it on my own

James G. Ahlberg answered on Apr 22, 2019

You can schedule a court date on your own, but paperwork must be prepared and properly served on the opposing party. You should hire an attorney. Your child's future is worth doing it right and getting the job done correctly, isn't it?

1 Answer | Asked in Child Custody for Illinois on

Q: My ex is moving to Louisiana and wants to take 1.5 year old son for 3 months out of the year. Will a judge allow this?

We are currently working on 50/50 custody at the moment but our son has been with me since birth. I live in Illinois and he would like to take our son to Louisiana for 3 months. He hasn't been consistent with his days to have him over night.

Ray Choudhry answered on Apr 18, 2019

If he hasn't been consistent, hard to see how judge would allow a full 3 months.

These kinds of cases are hard to predict.

1 Answer | Asked in Child Custody for Illinois on

Q: I have court this Friday for my case to be reviewed for an increase on my Child Support. The case was done 7yrs ago

Cheryl Powell answered on Apr 16, 2019

Make sure both of u bring your financial affidavit, income taxes and last Check stub.

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: Can I go get my son?

His mom gave him to my sister because she couldn't handle him and he failed tgis year in school instead of giving him to us as normal. Because all is normally cordial there is no custody or court orders and never have been. I have a paternity test proving myself the father and I was told his mother... Read more »

James G. Ahlberg answered on Apr 12, 2019

You best bet is to file a paternity action to get an order declaring you to be the boy's father. Once you have that you're on much more solid footing when you go to claim your son. In this situation it's cheaper and easier to get things straightened up at the outset rather than trying to fix up a... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: My son's baby's mother is trying to move out of state with him my son does not one his son to go what does he have to do

Marilyn Johnson answered on Apr 3, 2019

Your son needs to immediately file a petition with the court to establish his paternity. He also needs to obtain a restraining order prohibiting the mother from leaving the state so that the matter is litigated in Illinois.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on

Q: I have a confusing situation and a few questions to ask.

Divorced, moved back after one year. Requested child support stopped. Caregiver, with part-time work. Children are almost 18 and 16. I have been there all along helping care for them. Recently I moved right next door and the kids are always either at my rental or their fathers next door. I work... Read more »

Marilyn Johnson answered on Apr 3, 2019

Yes, your former husband can get a withholding order for child support and serve it on your employer. You should appear in court on each and every court if you do not have an attorney. You should inform the court of your situation with your children as it can effect the child support amount. You... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: I have a question about dcfs and my case with them.

I was clean from drug use for 1.5 years. I relapsed while pregnant. My daughter was born with heroin in her system so dcfs got involved. I not only asked for treatment while I was still in the hospital from giving birth to her and dcfs had interviewed me but when I relapsed again I asked for rehab... Read more »

Cheryl Powell answered on Mar 22, 2019

Tell ur lawyer, gal and the judge.

3 Answers | Asked in Child Custody and Divorce for Illinois on

Q: I'm separated from my husband who has bipolar. I'd like to use a mediator but I want full custody. Is this recommended?

My husband and I are in good standing, but instability, physical/verbal abuse led to the separation. Due to his mental instability, I want full custody of our 1 1/2 year old son, but still want him to get some visitation rights. I'd like to use a mediator to save costs and the stress/pain/ugliness... Read more »

James G. Ahlberg answered on Mar 8, 2019

A mediator doesn't decide who gets how much parenting time (formerly known as custody and visitation), a judge does. If you value your child, find a good lawyer. What you call the "stress/pain/ugliness that can come with getting lawyers involved" is NOTHING like the stress/pain/ugliness that can... Read more »

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1 Answer | Asked in Child Custody for Illinois on

Q: My husband took our children from my mothers and refuses to give them back to me. Is there anything I can do?

I am military and in the process of moving to a new location. I would like to take my children with me since their father does not work or have any support besides my income. I’m not sure if we can come up with a custody agreement or if I have to wait until I file for divorce?

Ray Choudhry answered on Mar 6, 2019

Here is a sample parenting plan.

http://www.illinoiscourts.gov/Forms/approved/divorce/Divorce_with_Children_Parenting_Plan.pdf

It makes sense to come to an agreement on this.

Depending on how long the children have lived where they live and their ages, the court may decide...
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1 Answer | Asked in Child Custody for Illinois on

Q: My ex husband is mentally ill and I want to file for full custody of my daughter

James G. Ahlberg answered on Feb 27, 2019

I have to assume your question is whether you should hire a lawyer to do this. The answer is yes.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on

Q: I won custody case and I am still paying child support because she has not responded since Sept 18'. How do I stop pay?

The mother tried to move my son out of state. My son decided to live with me and has been since July 17'. I took her to court and won custody. She has not responded since my win in Sept 18'. I have paid about 20k in support while my son lives with me. Now he turns 18 in a month and graduates in... Read more »

Marilyn Johnson answered on Feb 24, 2019

You need to file a Petition to Terminate Child Support. This should have been included in your Petition to Modify Custody.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on

Q: My husband and I want to move to Texas to better our situation but, sons father owes 3,000 childsupport, can I take him?

My sons father had my son live with him for 2 months and it went sour. His girlfriend watched our son and never packed him a lunch or took him to school some days and the school contacted me. I then got my son back. Now my husband, daughter and youngest son are moving to Texas from IL to better... Read more »

James G. Ahlberg answered on Feb 8, 2019

You need permission from the court to move your child out-of-state. There are a number of legal hoops to jump through and numerous things the judge needs to consider. Contact an attorney to get this done -- it is not something most people will succeed in doing on their own.

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