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Illinois Family Law Questions & Answers
1 Answer | Asked in Family Law and Libel & Slander for Illinois on
Q: My mom is slandering my name which is affecting my relationship with my family and is affecting me in custody court

For the past couple years my mother has completely slandered my name and came up with a horrible rumors some being illegal she has destroyed my relationship with my father and other family members I am in the process of a custody battle and she is making it worse for me to the point I might not get... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 23, 2021

No one can give you an intelligent answer based on the scant facts you set forth. You need to make an appointment with a lawyer and tell him or her everything about the situation for advice as to your options.

2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Domestic Violence for Illinois on
Q: How can I motion to exclude evidence from discovery of a video that skips and lapse in time?

Can a plaintiff use a video that skips and lapse in time for evidence in their case or can I motion to exclude it from being seen?

If so, under what grounds can I motion?

Video goes up to minute 2 then skips to 2:30 to 3:15 then skips to 4:05, lot of the video seem altered.

Dan Nold
Dan Nold answered on Oct 1, 2021

You could do a motion in limine asking to bar the video due to lack of foundation. If it’s edited in some way, it has been altered and wouldn’t meet foundational requirements to be admissible evidence.

Probably a good issue to have a lawyer handle. Each county is different and has...
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1 Answer | Asked in Civil Litigation, Family Law, Estate Planning and Real Estate Law for Illinois on
Q: how to get a family member out of home.

3 brothers have inherited a large home, one of the brothers are living there and cannot maintain the home due to alcoholism. Each has a 1/3 of real estate as stated in the will. He refused to pay the other 2 brothers rent or expenses. He needs to go to detox and rehab. He is incapable to help with... Read more »

Bryan R. Bagdady
Bryan R. Bagdady answered on Oct 1, 2021

Illinois has a partition statute to handle situations concerning jointly held real property. The statute is found at 735 ILCS 5/17-101, et seq. If you read section 105 you will see that the court has the power to determine if the property can be divided among the parties without prejudice to any of... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: Father of 10yr old and share 50/50 custody. Me and his mother disagree about the dangers of corona

I have given up going to what I’d consider high risk places long ago, never do I go anywhere without wearing a mask as additional protection for my own protection and my sons. The mother sees no issue going to bars, events etc. that I consider high risk without a face mask. Im concerned this is... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 21, 2021

It is a difficult situation.

You cannot compel another parent to use the same level of seemingly reasonable to you precautions to protect your 10 year old son.

Also, a 72 hours "quarantine" will not assure that the son will not get exposed to any Corona strain as...
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2 Answers | Asked in Criminal Law, Family Law, Child Support and Domestic Violence for Illinois on
Q: Can a judge suspend a case until another one is finished?

Prosecutor is in a more serious(felony) case vs a family court case. Is there any precedent notably in illinois that a Judge can suspend the lesser case until the more serious case is completed?

James G. Ahlberg
James G. Ahlberg answered on Aug 20, 2021

Yes, a judge can do this.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: I left several messages and emails over 2months but my attorney hasn't contacted me. I need help. What do I do?

Her office stated they would inform her of my issues. That was a week ago.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 28, 2021

I think you already know what you have to do. Terminate her representation . You have the absolute right to do so and to receive a refund of any unused retainer fee that you paid.

Divorce is tough enough, you don't deserve any problems from the one who is supposed to be trying to...
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1 Answer | Asked in Family Law for Illinois on
Q: What to do if attorney is ignoring case?

I recently hired an attorney for help with a missed court appearance for my name change case. I sent the attorney his check in March and he accepted and signed for it too. Since then, I have barely heard from him, and he has never talked to me without me calling. He needs to file a motion, which he... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 11, 2021

You simply send him an email or a letter stating that you are terminating his services effectively immediately, and that you demand a 100% refund. You might state the reason for the termination, but it is not necessary. You have the absolute right to fire him no matter what the reason. You can also... Read more »

2 Answers | Asked in Divorce and Family Law for Illinois on
Q: 34-yrs married, $3M+ assets. Tell me more about "equitable" split. 50/50 is far from equitable all things considered.

I'm 57-yrs old. My highest wage earning years are behind me. All real estate holdings acquired were made possible by my earnings over last 30-years. Likewise all improvements, management, etc, have been and are 95% on me. Retirement is 401K along with rental properties. I would need no less... Read more »

Daniel J. Kollias
Daniel J. Kollias answered on Jun 3, 2021

The law does not require a 50/50 division. The court has the authority to divide marital assets and debts based on what is fair and equitable. The law lists several factors that the court may consider in making that determination, many of which you touched upon in your question.

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1 Answer | Asked in Civil Litigation, Family Law, Civil Rights and Gov & Administrative Law for Illinois on
Q: What part of the law would I find Bias Judgement, Colleagues, and what to do when case involves a Circuit Clerk employee

I have a custody case were the sister works for the Circuit Clerks office. Her and the girlfriend came up with a well calculated plan to make my character out to be a low life junkie so my ex could gain custody. They have gone as far as emailing where I live stating I deal drugs out of my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 1, 2021

your efforts are better spent working on your custody issues. Arrange a visitiation eval with a social worker, etc. but you need an attorney. d.i.y. is getting you nowhere. Trying to tell a judge the system is biased doesn't get an unrepresented person anywhere. You need an attorney to build a... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How can I change an agreement made on record? It has no been finalized yet. We go back for finalizing June 7th.

My soon to be ex husband and I made an agreement that once he does anger management he can do visitation with the kids ever other weekend spoken through the court. However, I want a provision added in that states our oldest can choose when/where/how he wants to communicate with his father. The... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 28, 2021

Only your attorney knows all of the facts of your case and only he is in a position to advise you properly. However, it sounds like your oldest son and your ex could use some reunification therapy. This would involve a separate Motion , but you are in a bad situation. Perhaps, you could talk to... Read more »

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.

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