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Illinois Family Law Questions & Answers
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 Family Law for Illinois on
Q: Does not following through on something a gaurdian ad litem needs reason to remove them from case?

My gaurdian ad litem put me on supervised visits until she spoke with my psychiatrist/psychologist who I see for moderate depression and anxiety to make sure I was okay to be alone w my daughter. I had given her everything about everything from their records she said she still had to speak with... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 8, 2021

Based on the info you have provided, the GAL's failure to speak with your doctors does not mean she is not doing her job properly. Aside from the rigmarole of HIPPA restrictions, there isn't much the doctors can say that is not already known from their reports. If you are an alcoholic, 30... Read more »

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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2 Answers | Asked in Family Law, Estate Planning and Elder Law for Illinois on
Q: How does Guardianship relate to marital rights? My husband had a stroke July1 and his kids showed up with signed Power

of Attorney forms that he didn't remember signing. They completely took over...changed locks on husband's house, closed all of our joint accounts leaving me with no phone, no car insurance and no house insurance. They took over finances and I haven't seen a cent of his money since... Read more »

Stephanie Sexauer
Stephanie Sexauer answered on Feb 4, 2021

I'm so sorry to hear about these circumstances. I think you may need to consider hiring an attorney to have better communications with your husband's children to reach a resolution.

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2 Answers | Asked in Employment Law, Family Law and Immigration Law for Illinois on
Q: Can I have an appointment with a free immigration lawyer that also handles employment and family issues?
Adan Vega
Adan Vega answered on Feb 2, 2021

You can reach out to any of the immigration attorneys who respond to questions in the JUSTIA Ask a Lawyer platform and ask if they can accommodate your request.

Good luck to you.

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2 Answers | Asked in Child Support, Domestic Violence, Family Law and Sexual Harassment for Illinois on
Q: I called DCFS on my child for being physically and sexually abusive to his younger siblings. What are my rights?

Should I be concerned about them taking my children and how do I prepare for this transition?

William Wolf
William Wolf answered on Jan 23, 2021

Yes. You should be concerned.

DCFS and the local State's Attorney's Office in the County where you live could conclude that you placed your children at risk of harm and screen the case into juvenile court for a judge to make that determination.

There, you'll need a...
Read more »

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1 Answer | Asked in Family Law for Illinois on
Q: My daughter's father was incarcerated for almost 2 years for child abuse of his other child. Can he get custody?

He was convicted on 3 different occasions in a span of 4 years. Each offense was against his older child (not mine). His rights to his other child were terminated while he was incarcerated. Is he able to get custody/visitation of my daughter? Or is it possible to have his rights to my daughter... Read more »

Richard Ian Conner
Richard Ian Conner answered on Dec 21, 2020

Look to Illinois statute 750 ILCS 5/603.10 for guidance. Illinois allows court's to put restrictions on parental responsibilities, including parenting time and decision-making responsibilities.

Unfortunately, if you do not have a case filed with your local circuit court, then you...
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1 Answer | Asked in Family Law for Illinois on
Q: What are the criteria to move out of your parents home without consent at 18 years of age? (In Illinois)

Side question, if I am unable to fully move out of the home, would I be able to just walk out and sleep at a friend's house occasionally?

The real question would be....

What are my limitations as an 18-year-old with a job that only pays 50 per day?

Would moving out be... Read more »

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

You are not considered an adult until you either reach 18 years of age or are emancipated (declared to have the rights of an adult) through a court proceeding. The main requirements of emancipation are that your parents must agree to it and you must be immediately able to support yourself living... Read more »

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 for Illinois on
Q: How do I get visitation for my child in another state?

I(father/never married) live in Wisconsin and pay child support to the mother of my child who lives in Illinois. The mother denies me access to our child. I don't know where to start and feel I need a lawyer, but can not afford one.

Cheryl Powell
Cheryl Powell answered on Oct 31, 2020

You would have to file for parenting time in Illinois. Legal aid does not typic

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 Juvenile Law for Illinois on
Q: My son was taken out of his mom’s care in IL. He was adjudicated as dependent. Court ruled his mom unable (not unfit)

I traveled to the last court date from Oklahoma and was told that I could take my son home with me. They closed the case, and at the bottom of the court order, it is written, “All custodial rights of the minor are vested to (my name).” Does this mean that I now have full or sole custody of my... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 22, 2020

It sounds like you have sole custody of your son. You should see an attorney licensed to practice law in Oklahoma to figure out what your next step is in that state.

1 Answer | Asked in Child Support, Divorce, Family Law and Health Care Law for Illinois on
Q: What happens to my child support for Iowa but my ex wife is moving to IL. My son is covered by Iowa health insurance.
James G. Ahlberg
James G. Ahlberg answered on Oct 22, 2020

Your child support is determined by the last court order. It doesn't change just because a parent moves from one state to another.

1 Answer | Asked in Family Law for Illinois on
Q: Can daughters boyfriend take kids from her. They unmarried . He is the father. Paternity tests were taken for 1child

He's threatening her by saying he's going to take the kids and have her declared mentally incompetent.

James G. Ahlberg
James G. Ahlberg answered on Oct 22, 2020

Until a court order is entered determining when each of the parents has time with the children, the rights of the parents are exactly the same. It is not kidnapping to take your own child, unless a court order determines the other parent should have the child at that time.

In other words,...
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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 Family Law for Illinois on
Q: I’m still married to my husband but had a baby with another man can that man get custody of my baby?
James G. Ahlberg
James G. Ahlberg answered on Oct 17, 2020

Yes, if he can prove paternity.

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Illinois on
Q: Wife and I have divorce proceedings going on .. We haven't lived together 3-months .. but we agreed upon exchanging

some personal belongings ... she brought some unfamiliar faces with her - I have never seen them or met them even in our marriage reception I don't see them in pictures .. Her name is still on the lease ... How can I make them give me state issued IDs before they enter the Appartment .. I had... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 17, 2020

You have absolutely NO right to see their ID's. She can bring anyone she wishes into the marital apartment, and so can you. Your position is dead wrong.

1 Answer | Asked in Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant for Illinois on
Q: I am in a current situation where i am renting a basement to live from my parents. What are my rights?

I(21) am renting the basement from my parents house as a living area. We have a verbal rental agreement for $250 a month, with other basic rules (clean up after yourself, etc). My parents have been known to be very toxic and verbally abusive and since I am renting from them with a verbal rental... Read more »

Juan Ooink
Juan Ooink answered on Oct 13, 2020

Not sure what you mean by "what i can do." You can always move out. If your parents wish to evict you, they will have to file it with the Court in the county where you live and deal with it in court in order to remove you. Not sure you or your parents want it to get to this level.

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