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Illinois Family Law Questions & Answers
1 Answer | Asked in Family Law for Illinois on
Q: An inmate at Menard correctional center is trying to get visitation rights with his kids. What must he do?

Once he was transferred from the Whiteside County Jail in Morrison, IL to Menard his visitation rights expired. He asked me, a pastor, what he would need to do to get them reinstated at his new location.

James G. Ahlberg
James G. Ahlberg answered on Sep 16, 2019

If the prior visitation order was granted by an Illinois court, he'll need to have an attorney file a request to modify parenting time in the circuit court for the county that issued the prior order. He could file it himself, but he'll have a problem attending court hearings and will need a... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: My 11yrs is in a private school with a scholarship, can he still obtained scholarships after filling child support.
James G. Ahlberg
James G. Ahlberg answered on Sep 16, 2019

This is a question you'll have to ask the school, since they are the only ones that know the answer.

1 Answer | Asked in Family Law for Illinois on
Q: Hi I am in Illinois my question is listed below.

can I petition the court to compel my ex to limit our child's screen time, feed him nutritious foods, and discipline our son?

Marilyn  Johnson
Marilyn Johnson answered on Sep 15, 2019

If you believe that your former spouse is not acting in the best interest of your son, as abusing or neglecting him, you can petition the court for relief.

1 Answer | Asked in Criminal Law, Family Law and Personal Injury for Illinois on
Q: If my 22 yr old cousin were to hit me, and my sister called the cops, would she go to jail? I'm 15 turning 16 in a week.

She hasn't done it yet, but she talks about it all the time. Like, when she got into a fight with my younger sister (not physical) and she said she has to leave pur house before she "lays hands" on one of us (me, and my younger siblings). I am just asking to make sure what to do when that time does... Read more »

James G. Ahlberg
James G. Ahlberg answered on Sep 13, 2019

She is not likely to go to jail for a first offense, though if she causes serious injury it's possible.

1 Answer | Asked in Family Law for Illinois on
Q: Daughters father not paying for 50% portion of school fees as stated in court order. Is court needed to make him pay?
Marilyn  Johnson
Marilyn Johnson answered on Sep 9, 2019

If he is not obeying the court to pay his 50% share, you will need to petition the court for relief. File a Petition for Rule to Show Cause for a finding of contempt. Make sure that you have obeyed the court order as far as tendering him receipts, etc.

1 Answer | Asked in Family Law for Illinois on
Q: Can I petition the court myself to move a minor out of the state? or does an atty have to do that.

My wife and I have guardianship of our grandson. In order to move him out of Illinois I have to petition the court. Our Attorney want $750 to file this. He has already used up the $2000 retainer fee to get the father to pay child support. (which has gone nowhere, and we have seen $0 from him), and... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Sep 9, 2019

Yes. You can represent yourself in court in regards to a petition to remove the minor child from the state. Before you do so, ask your attorney to withdraw from the case.

2 Answers | Asked in Bankruptcy, Family Law and Child Custody for Illinois on
Q: I owe my child custody lawyer over 16k... can i file for bankruptcy, either chapter 7 or 11 ti wipe out this debt?

Ive paid over 8k. I have nothing left

Timothy Denison
Timothy Denison answered on Sep 7, 2019

Yes. Chapter 7 could wipe it out.

View More Answers

1 Answer | Asked in Family Law for Illinois on
Q: My Son is in the hospital under psychiatric review and no one will speak to me about him what can I do he's 19.
James G. Ahlberg
James G. Ahlberg answered on Sep 4, 2019

If he's 19 he is legally an adult. He can either give his permission to the hospital to communicate with you or, if he is no longer competent to make his own decisions, you can ask a court to appoint you as his guardian since he would be considered a disabled adult.

1 Answer | Asked in Family Law for Illinois on
Q: Family Law question.

Family Law question. We were granted by the court permission to move 60 miles away, still in Illinois, but right on the border of Wisconsin. We would like to move about 15 miles from our current residence right over the border to Wisconsin. From what I understand I do not need permission from the... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Sep 3, 2019

I am not sure who you mean when you say "we" were granted permission by the court to move 60 miles away. You need to indicate where the other parent resides.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Joint custody

A non married couple, no longer reside together and have a baby together. If they were to seek joint custody, would either of them, legally, be able to keep the baby and not return him? Thank you.

Marilyn  Johnson
Marilyn Johnson answered on Sep 3, 2019

In Illinois, the father would have to establish paternity. When joint custody is awarded, there would also be an order for a parenting plan. The parenting plan would specify visitation times for both parents. Neither parent would be able to keep the baby from the other.

1 Answer | Asked in Family Law for Illinois on
Q: My husband was a Vet and passed away n Oct. 2018. We were separated, not legally, and wanted 2 gain access to his apt n

Indiana. I live n Chgo. They told me I couldn't cuz my name wasn't on lease. How do I get his possessions

James G. Ahlberg
James G. Ahlberg answered on Aug 29, 2019

This is a question to ask an attorney licensed to practice in Indiana, not Illinois.

1 Answer | Asked in Family Law for Illinois on
Q: Im in Alabama. I’m not married but was living with the baby’s dad. Do I need to file for full custody ?

I no longer live with him. If I file for full custody and he doesn’t show up for court. Will I be granted custody ?

James G. Ahlberg
James G. Ahlberg answered on Aug 23, 2019

If you and the child are in Alabama, you should be asking a lawyer licensed to practice law there, not an Illinois lawyer.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: What is the time frame for this whole process? I haven't gotten a date for a hearing. It's been well over 30 days.

I filed a petition with the court to relocate but I haven't gotten a date for a hearing. I feel as though I'm being held hostage by the state of Illinois. If he's not complying to the parenting plan (he doesn't see them, call them or pay child support) why do my boys and I have to remain where we... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 19, 2019

Did you present your motion to the court?

The court should have entered an order setting the tentative schedule.

The court doesn't give you a first court date without you asking for it.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I want to move from Illinois to Missouri with my children but my ex husband will not allow it

So after he said no, I filed a petition with the court. I haven't gotten any response from the court at all. School has started and it will be better all the way around if we moved. What can I do, if anything, to speed up the judge to get a court date? What will happen if I just moved without... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 18, 2019

You will not get a response from the court without having a trial.

You have to present your motion to the court by scheduling it per the clerk's instructions.

The court will then set a briefing schedule and set the matter for hearing.

The rules of evidence are complicated...
Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Does it reflect poorly that I didn't involved my ex in paying school fees when I'm the one responsible for payment?

I'm responsible for enrolling our children in school and paying the fees. My ex is sending me repeated messages that I did not involve them in the process(?). The children picked out their classes prior to the end of the school year and I sent that info to my ex months ago. One child was... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Aug 18, 2019

As long as you complied with the court order, there should be no issues with your actions that you described.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can my sister and I be charged with child Abduction?

My child’s mother and I got into an argument after having a few drinks. The situation escalated quickly and I didn’t want my son exposed to it unnecessarily. At first my son’s mother agreed to let me take our son with me to my parent’s home. I called my sister for a ride. When I began to... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Aug 18, 2019

You need to file a Petition to Establish Paternity. Obviously you both should not be drinking in the presence of the child as it caused you both to not have very good judgment. In court you will be able to establish custody and set a parenting schedule.

1 Answer | Asked in Family Law for Illinois on
Q: I have sole responsibility of my children, I recently filed a motion to modify visitation due to my son starting school.

When we went to court the mother disputed asking why she can't pick him up from school, this was to modify her Wednesday visitation she has visitation from Wednesday 10am until Thursday 8am. We have another Court date Monday for a hearing. Is there a motion I can file for her to produce her work... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Aug 18, 2019

You need to file a Notice to Produce and ask her to produce her work schedule. As far as the pick schedule from school, you are very unclear as to what is actually happening so it is difficult to respond to your question.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My son lives in Nevada with his mom and hates it and wants to move to Illinois with me. What is the easiest way to do

He is 12

Robert B. Buchanan
Robert B. Buchanan answered on Aug 15, 2019

Unless you have a custody judgment in Illinois, any court case will have to be in Nevada.

Diplomacy is easier than court. Would the mother be amenable to a conversation? I would start there first.

Good luck!

1 Answer | Asked in Family Law and Education Law for Illinois on
Q: Can I sue a medical school for fraud or discrimination? I was dismissed due to poor grades from a mental disability.

I was diagnosed with OCD my first year of medical school. I failed three classes my first semester and the school told me to take time off and come back the next year. I came back and passed two semesters but then failed another class the semester after that. Once again, they told me to take time... Read more »

James G. Ahlberg
James G. Ahlberg answered on Aug 9, 2019

This is a question to ask an attorney licensed to practice in Indiana, not Illinois.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: How can a mother give a child my last name with out my consent, and does that makes me legally the parent in Illinois?

My daughter had a last name change because her mom put the wrong man down as my daughter Father's so she changed her last name with out my consent and my name is still not on my daughter's birth certificate, does that make me the father of this child and could the mom be in trouble for not getting... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 8, 2019

Assuming you are not married to the mother, the name on the birth certificate does not determine whether you are the legal father.

To be the legal father, if you are not married to the mother, one these things has to happen:

- A judge signs an order saying you are the father;...
Read more »

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