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Illinois Family Law Questions & Answers
1 Answer | Asked in Family Law for Illinois on
Q: Can a judge rule that a parent can only take their children to one church and no other church?

My girlfriend divorced her ex-husband and their settlement agrees to raise the children catholic. She only agreed to this due to being under duress of pleasing the family, as well as only wanting the children to attend CCD when with her, as this is raising them catholic, but not attend mass as she... Read more »

David Giffin
David Giffin
answered on May 26, 2022

I'm sorry to see you are dealing with this kind of sensitive and challenging issue. In my opinion, your girlfriend's biggest obstacle is that she entered a written settlement that the court approved. When parties make an agreed parenting plan, so long as the plan is not against a... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Does the father of my child have legal parental rights over the baby, if he is still married legally to someone else?

his name is in the birth certificate

James G. Ahlberg
James G. Ahlberg
answered on May 5, 2022

Yes.

1 Answer | Asked in Family Law, Contracts and Estate Planning for Illinois on
Q: How did my adult son, who I have financial guardianship, with no job and no savings take out a $43000 car loan withoutme
Stephanie Sexauer
Stephanie Sexauer
answered on Apr 26, 2022

I'm so sorry to hear about this; fortunately and unfortunately, it sounds like your son is high functioning to the point he wants to drive his own car but doesn't have the capacity to understand what a car loan entails. In adult guardianships in Illinois, this is somewhat common.... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: Can a War under guardianship get their own personal representation aside from the guardianship representation?

Basically what I am asking how can I go about getting legal representation for me the disabled ward

Cheryl Powell
Cheryl Powell
answered on Apr 18, 2022

Are you contesting the guardianship? In what type of a case are you seeking representation? What orders have been entered so far?

1 Answer | Asked in Family Law for Illinois on
Q: Can mother with sole custody residing in separate state from the father,180 miles away, move to a state further away?

Mother in IL, Father in WI, move to AZ. The child is 7 and sees his father every other weekend. The father has never lived near the child and is several years delinquent in child support.

Raiford Dalton Palmer
PREMIUM
Raiford Dalton Palmer
answered on Apr 14, 2022

This depends largely on the terms of your divorce or parentage judgment. The parenting judgment should state who has parental responsibilities (custody) and how parenting time (visitation) is handled. It should also contain terms about relocation - moving the child over 25 miles from their location... Read more »

2 Answers | Asked in Family Law and Immigration Law for Illinois on
Q: Can I sponsor my husband whom is an immigrant, on section 8? I am working and may meet the income eligibility level

I will be getting married October of 2022. I'm on section 8 but I also work. I understand there's a minimum level of eligibility of income to sponsor an immigrant spouse. I may be eligible. I understand I have to petition. Will I be able to sponsor my spouse without loosing my Section 8... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Apr 5, 2022

Means tested benefits can disqualify applicants for immigration. Section 8 Vouchers are an issue. You must earn enough at 125% of the Health and Human Services poverty levels to petition your husband. If you, as the petitioner, accept vouchers, then this can be a challenge upon discovery.... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Personal Injury for Illinois on
Q: I live in central llinois, are there any laws regarding desecration/disrespect to a deceased ones ashes by other person

I was involved in a domestic violence dispute. My child's father had broke open the container of my(at the time) recently deceased dad's ashes, who had been dead less than 2 weeks, only having his ashes not even 48 hours.

Charles Candiano
Charles Candiano
answered on Mar 22, 2022

Your rights are stated in 755 ILCS 65/1, et seq. Please read to gain a better understanding of your rights.

1 Answer | Asked in Domestic Violence, Family Law and Sexual Harassment for Illinois on
Q: Family members force me into a relationship, using my children as with an individual that is sexually active w/ them

Been going on for 10 years or more, mothwr(RB) states husband(JTB) let's her. Then when her husband gets caught I get the he'll beat out of me, GOT THE VIDEO. Then JL says I owe him money

Charles Candiano
Charles Candiano
answered on Feb 11, 2022

What is your question?

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Hello, I have I guess a question about child support back pay and who that is owed to after the child leaves the home.
J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Feb 10, 2022

Enforcement of a child support arrearage may be brought in the divorce court no matter how old the child(ren).

1 Answer | Asked in Insurance Bad Faith, Family Law and Insurance Defense for Illinois on
Q: My dad passed away he left his life Insurance policy to my older brother. But my brother is in drug rehab I need it pay
James G. Ahlberg
James G. Ahlberg
answered on Jan 29, 2022

Your father had a contract with the life insurance company that requires them to pay the benefits of the policy to the person he named as the beneficiary. They won't make an independent determination of the wisdom of your father's choice. Furthermore, if they gave the proceeds to you,... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What is a conflict of interest between an attorney and third party?

My now wife consulted an attorney 2 years ago in regards to different children in our family and her ex husband. Now my sons mother has retained that same attorney in a child custody’s case between me and her. Is this a conflict of interest having had given the attorney all of the family... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Jan 26, 2022

If I understand the facts you presented, it could be a conflict of interest. You should consider filing a Motion to Disqualify the attorney and let the judge decide if there is a conflict.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Illinois on
Q: My husband just was told he may have a 7 year old son he didnt know about. The mother hasn't had the child for awhile.

the mother is in jail right now waiting a trial and then will go to prison for a while. I am his wife. We want to prove paternity and totally adopt him as OURS . But don't want him around his "mother" ever again seeing as she is so unfit. We have 4 kids of our own and a house and I... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jan 25, 2022

There are too many variables in your situation for a lawyer to give you solid advice on these issues without sitting down and talking to you and your husband. I encourage you to make an appointment with an attorney in your area who handles adoptions. Also, if DCFS has to due an investigation of you... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Illinois on
Q: What can the disabled ward do? When the ward and guardian disagree? What options does the ward have
Stephanie Sexauer
Stephanie Sexauer
answered on Jan 17, 2022

A Ward has the opportunity to seek to restore himself or herself at any time. This request can be made to the Judge directly or to the Guardian ad Litem (if one was appointed). Though it's not required, it would aide the Judge in making a determination that your circumstances have changed so... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: If you never married but we're with someone for 25 yrs and 3 children together are you entitled to there pension?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Jan 8, 2022

No. The sharing of retirement benefits applies only to people who are married.

1 Answer | Asked in Family Law and Real Estate Law for Illinois on
Q: If a couple is living together and is unmarried, and only one has right to possession does other person have claim?

If a couple is living together unmarried and previously one of the people purchased the house In their name, if the couple was to break up does the person without ownership have any legal claim to the property?

Erik K Jacobs
Erik K Jacobs
answered on Jan 6, 2022

The short answer is no. The property was purchased prior to the relationship and was the sole property of the person purchasing it. It is not marital property, since there was no marriage.

1 Answer | Asked in Family Law for Illinois on
Q: I’m unsure how to proceed. My mother was put in an assisted living place, aka memory care. That wasn’t my mothers wishes

The “ POA “ didn’t even notify the facility that she has muscular Dystrophy . POA didn’t notify court that they had a felon during fudicary duties! Now I’m not allowed to see my mother. I was the only one to visit!! What shouldI do??

James G. Ahlberg
James G. Ahlberg
answered on Dec 8, 2021

You need to make an appointment with a lawyer in your area as quickly as possible. Bring a copy of the POA if you have one. Bring any proof you have regarding the felony you say the holder of the power of attorney has.

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Illinois on
Q: Can you sue an affair partner for emotion distress?

My husband and I are married and not legally separated. I have proof of his affair and I am interested in suing the affair partner for emotional distress.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Dec 7, 2021

No, not any longer. The lawsuit you are referring to is Alienation of Affection, and it was repealed in IL.

2 Answers | Asked in Contracts and Family Law for Illinois on
Q: I've paid $24,000.00 in legal fees and still owe $23,000. I won my case and a judge awarded me $23,917.00 in legal fees

From the other party. Does this absolve me from the remaining fees?

Bryan R. Bagdady
Bryan R. Bagdady
answered on Dec 3, 2021

No.

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1 Answer | Asked in Divorce, Family Law and Domestic Violence for Illinois on
Q: I own a single member llc in illinois and only my name is on it as CEO. If I get a divorce, will my then ex get the biz?

So, my current husband is abusive emotionally and just now physically. I own a llc, just started it. My question is: if I get a divorce, is there anyway I can protect my business from him getting anything from it? He goes from job to job a lot. Thank you

*EDIT* so all the funds that went... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Dec 3, 2021

Your question is almost impossible to answer without knowing more facts. For example, how much marital money went into funding the business? Does the business have a value? Is the business totally reliant upon you? In other words, if you stopped working at it, would the business collapse? There are... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: Can I sign the rights to my children over to their mother?
James G. Ahlberg
James G. Ahlberg
answered on Nov 30, 2021

No. Even if you could it would not terminate your obligation to pay support.

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