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Illinois Family Law Questions & Answers
1 Answer | Asked in Family Law for Illinois on
Q: My mother is verbally abusive and I live with her every other week. I don't want to go back.

I'm constantly punished for having a good relationship with my dad. I don't play "the game" like my brother does, by telling what she wants to hear. My brother tells her what she wants (even if its lies) just to stop her from yelling. I'm called a liar, spy, lazy even... Read more »

Cheryl Powell
Cheryl Powell answered on May 23, 2020

Yes, your father would have to hire a lawyer and file a petition for modification of custody. One of your parents might be eligible for free legal services.

1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Q: Can i transfer a dcfs case out of state

I have court july 9th 2020

Cheryl Powell
Cheryl Powell answered on May 22, 2020

It is possible for a judge to do that.

2 Answers | Asked in Family Law and Child Support for Illinois on
Q: My husband has overpaid his child support

Court ordered support has been withdrawn from paycheck in IL for child residing in OR. IL says he has overpaid around $3200. Oregon says arrears of the same amount and we cannot get anyone to speak with. Just received notice that his stimulus check was kept to put towards arrears. What is suggested... Read more »

Cheryl Powell
Cheryl Powell answered on May 19, 2020

The answer is to go back to the court orders:

$50/wk from x to x

$25/wk from x to x

Make a list. Go to the perpetual calendar if dealing with weeks. Compare the required payments to the payments made. If arrearages are already calculated at one time, go back to that order...
Read more »

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1 Answer | Asked in Family Law for Illinois on
Q: I’m 7 months pregnant

and an ex stopped by I knew better than to let him in I have changed all my people places and things that should not of answered the door but I used methamphetamine’s for four days am I gonna lose my baby when it’s born

Cheryl Powell
Cheryl Powell answered on May 16, 2020

It depends on whether u or the baby test positive when the baby is born.

1 Answer | Asked in Family Law for Illinois on
Q: Is there anything I can do about DCFS taking "protective custody" last week?

The assistant States attorney tried to trick us out of the hearing, then tried to threaten us then tried to have our children's attorney talk us out of the hearing, we weren't granted access to the paperwork they had we weren't assigned attorneys still aren't and no court... Read more »

Cheryl Powell
Cheryl Powell answered on May 13, 2020

This is the covid world now. It is not operating very effectively but everyone is learning as we go along. As for visits, dcfs pre covid only had to give you a minimum of one hr. Per week, generally. Now they are doing it on facetime, zoom, whatever, because people cannot be seeing each other in... Read more »

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 Family Law for Illinois on
Q: joint divorce application representation?

Hi, after being separated for a long time, my wife and I would like to divorce. We have no kids, no property, no pension, very little money in the bank, and have no claims against each other. We would like to file a joint divorce application. Can the same lawyer represent both of us? Thanks.

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

No, a lawyer can only represent one party.

1 Answer | Asked in Family Law, Civil Rights, Gov & Administrative Law and Juvenile Law for Illinois on
Q: I live in Illinois and I have consent from both my parents. I am 16 do I need to be emancipated or may I move out?

They both have given me complete consent and I am wondering if I need to go to court for emancipation or if I may tell them I am moving out now. Which they would be fine with. I'm just wondering if it is legal or not? Would the police send me home if they found me? I have a job I make 200-400... Read more »

Cheryl Powell
Cheryl Powell answered on May 7, 2020

Your statement that you would be willing to live on the streets is proof of your lack of maturity. If the police find you, yes, they will turn you over to your parents. Then family services is supposed to help you and your parents work things out so you can come home. So, yes, you would need an... Read more »

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 Family Law for Illinois on
Q: My mother was removed from my life about 10 years ago by myself and husband ,she is a toxic person and can’t be trustes

She has been told repeatedly to not come to my house, call, send items in the mail or contact myself or my children under any circumstances. Again she is toxic and not welcome in my life, especially around our children. My husband is 100% in agreeance. However, she continues to send items in the... Read more »

James G. Ahlberg
James G. Ahlberg answered on Apr 2, 2020

You need to go to court and get a "no contact - no stalking" order. Almost any general practice or family law lawyer can help you with this.

1 Answer | Asked in Estate Planning and Family Law for Illinois on
Q: I have a question about parents cremains. Sister has my moms and I'd like them split along with my dads.

My sister has my moms cremains and I'd would like them split. So my sister and I each have 1/2 and my parents are together. My sister says because she has had the remains at her house because my dad didnt want them at his house when she first passed away that they are hers. Legally do they... Read more »

Charles E. Hutchinson
Charles E. Hutchinson answered on Apr 1, 2020

The easy answer to this is "no", your mother's ashes do not legally belong to your sister. I hope the two of you can work out this matter amicably and not have to take it to court.

1 Answer | Asked in Family Law for Illinois on
Q: Does my daughters father get her for a week.

I have all custody of my almost 12 year old daughter, her non custodial father gets visits. My daughter is out of school this week because its closed due to coronavirus. Shes out of school next week because of spring break, which its my break with her. She's out the following week because... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Mar 16, 2020

You need to follow what it says in your parenting agreement. However, in all likelihood it usually is in the child's best interest to be with one of the parents. So in the event that you are not available that week, you should consider the father.

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...
Read more »

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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: When is a good time to file a motion of contempt?

My ex has primary authority on medical however they are not following the court order reading having discussions with me on medical procedures, notification of appointments or providing me access to the healthcare provider information.

I want to make sure I have enough supporting information.

Marilyn  Johnson
Marilyn Johnson answered on Mar 9, 2020

Your judgment may indicate how you are to communicate with your spouse which be via Family Wizard, email,etc. If so, communicate as is required by the judgment. If not, communicate in writing so that you can present written evidence in court as to the violation of your judgment.

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