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Illinois Family Law Questions & Answers
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,...
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 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.

1 Answer | Asked in Family Law for Illinois on
Q: Can I sue the child support agency for the return of money that should not have been taken out.

My child-support finished in June. The mother filed for an extension and during that hearing in September it was discovered that I had overpaid. The credit was put on my account and the order stated not to withdraw any more money. In October they started taking money out of my check again. Child... Read more »

Cheryl Powell
Cheryl Powell answered on Oct 9, 2020

You need to hire a lawyer to stop them from. Taking any more money out of your check.

2 Answers | Asked in Divorce and Family Law for Illinois on
Q: Can the sheriff serve a summons for divorce to my spouses parents house?

My spouse has been homeless for a while. I really need to get our divorce done. We’ve been separated since 2015. He said I can get them sent to his dads house. Will they serve it to his dad?

Thanks

James G. Ahlberg
James G. Ahlberg answered on Oct 8, 2020

No, not unless your spouse lives there.

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1 Answer | Asked in Contracts, Criminal Law, Divorce and Family Law for Illinois on
Q: Property taken without consent

The night my wife called cops on me - Cops made her leave as she was trying to hurt herself and blame me ... she took my brother's car saying that she will be back next day to pickup her stuff - now lawyers are involved and I have permission to see my 6-month old baby - Lawyer is saying since... Read more »

Juan Ooink
Juan Ooink answered on Oct 1, 2020

You have an attorney, you need to discuss this with your attorney. This is why you hired an attorney. No one here has the information that your attorney has.

1 Answer | Asked in Family Law, Child Support and Collections for Illinois on
Q: Was recently told my father failed to pay child support, I'm 21 now. Can I still sue for back child support?

If I can sue for the back child support what information do I need to do so?

Cheryl Powell
Cheryl Powell answered on Sep 30, 2020

No. That money was for your mother to help her financially. It was not and never will be your money. But if there is a back child support order, your mother can sue him for it.

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: How hard would it be for me to adopt my stepson if the bio mom hasn't had any contact in over 5 years?

This includes not paying court ordered child support. We've been together 8 years and married for 3. Do we need her consent?

James G. Ahlberg
James G. Ahlberg answered on Sep 30, 2020

You don't necessarily need her consent based on the facts you set forth, but it will be easier if you have her consent. Either way, you are required to provide her formal notice that you're attempting the adoption.

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 Support for Illinois on
Q: What can I expect to happen in court?

My ex-wife and her husband received TANF a few months back and now the state it coming after me for child support. Even though our divorce papers state that we agreed to neither of us paying child support or any sort of alimony. She said she is not going to be able to make it to our court hearing... Read more »

Cheryl Powell
Cheryl Powell answered on Sep 22, 2020

Typically, you are sued by the Illinois Department of Human Services. They are not required to recognize your court order and can modify it.

Her presence id not required.

2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Q: Will my ex changing attorneys slow down a divorce agreement modification petition?

Illinois. 3 year old divorce agreement, seeking modification due to extreme change in circumstances, (massive income loss due to Covid19). My ex is going to hire a "more aggressive attorney". I currently pay her several hundred dollars a month MORE than what my income is.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Sep 14, 2020

The court has the discretion to make your new support obligation retroactive to the date that you filed your Petition to Modify. If the court does so, then any time lost because of a new attorney would not be an issue.

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1 Answer | Asked in Family Law for Illinois on
Q: Temp visitation judge did not mention my ex could bring his gf who they both were mentally emotionally abusing me when

Pregnant. He states the order was unrestricted visitation meaning he can have a witness himself. My son he’s seen three times and he’s a stranger to him. My son also has severe separation anxiety diagnosed. So one person will put him over let alone two. The order is not in yet as our attorneys... Read more »

Cheryl Powell
Cheryl Powell answered on Sep 11, 2020

Your qyestion is confusing. Is it right for you to say no to what? I cannot tell if you litigated it and the judge ruled or if this was an afterthought.

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 Arbitration / Mediation Law for Illinois on
Q: is it possible to fix a temporary closed case from 8 years ago?
Cheryl Powell
Cheryl Powell answered on Sep 10, 2020

If by fix you mean change or modify, yes.

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 »

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