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Illinois Child Custody Questions & Answers

2 Answers | Asked in Family Law and Child Custody for Illinois on

Q: Does the Petitioner's request that the Respondent provide proof of valid DL before every child exchange seem reasonable?

First, this is part of a proposed temporary parenting agreement in lieu of a final order. However, the Petitioner has been withholding the child from the Respondent for over a year in the absence of orders, and has justified this with a list of entirely false but severe allegations. That said, the... Read more »

Robert B. Buchanan answered on Jul 15, 2019

What's the basis of the request? Under what condition does this requirement ever end?

A never-ending baseless DL requirement is dracanion and unreasonable.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on

Q: How can the State Of IL reopen a closed child support case from 2011, tell me I owe 16k when I was married with my wife?

I got divorced in 10/18 me and my ex wife have 50/50 custody my child support order signed by the judge with a diff amount. I received a letter from child support last week saying I owe 3x more a mon now which I dont understand and it shows it is from the old child support case from 2009 when me... Read more »

Robert B. Buchanan answered on Jul 3, 2019

The state child support agency is notorious for mismanaging child support accounts.

I wish I had better advice, but you may have to hire a law firm to work their way through the bureaucracy.

It's a broken system.

Best of luck.

2 Answers | Asked in Child Custody and Divorce for Illinois on

Q: wife want to split frm me & she is say take alimony & child support, i not been wrnkg 4 2 mnth she want house 2 go 4cls

The house has equity but the womens help group tells her to let it go in foreclosure then they will help her out she is mad that i dont have a job but she does not want to get one herself or drop out of school she is ranking up crt crd bills and i dont know those crs are in her name not sure what... Read more »

Robert B. Buchanan answered on Jul 3, 2019

There's some important steps you need to take to make sure you have the strongest case possible.

Child support is based on a formula and she doesn't get maintenance just for asking.

If your house has equity, then foreclosure might not be the best option.

Contact a lawyer...
Read more »

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1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: I am a legal guardian for my grandson I need to know how to go about getting visits with his mom supervised

She is unstable and in an abusive situation

James G. Ahlberg answered on Jul 2, 2019

If there is court-ordered visitation, you must go back to court and ask for an order that visitation be supervised. You'll need to prove why it is necessary.

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and White Collar Crime for Illinois on

Q: How to get phone records as evidence in a child neglect case

My grandson's father's parents are claiming neglect against my daughter and their son DCFS is involved & I am trying to collect evidence to prove that they have lied and manipulated my daughter & DCFS into not only investigating the accusations but not notifying my daughter or myself until the... Read more »

William Wolf answered on Jun 24, 2019

These are questions to address with your daughter's lawyer. Ask to make an office appointment with that person, and then make that appointment.

I have seen too many cases where well meaning parents start playing the role of defense investigator for their child. These people are all well...
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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for Illinois on

Q: mother being charged first time with child endangerment. DCFS pulled child from home. What's the sentencing typically?

She has had multiple instances with DCFS. DCFS pulled the child from her home is now living with dad out of state. Mom and boyfriend were found under the influence of heroine and alcohol. Will she typically go to jail, only be slapped with a fine? How do we make sure the child isn't forced to go... Read more »

Ray Choudhry answered on Jun 21, 2019

DCFS doesn't do criminal.

The father needs to go to court to get the parenting plan changed to give him primary care.

If he has child, he can go to court to stop child support.

2 Answers | Asked in Child Custody and Child Support for Illinois on

Q: How csn you get child support and back child support waived

James G. Ahlberg answered on Jun 21, 2019

You typically can't, unless you can prove you're not a parent of the child (either biological or adoptive).

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1 Answer | Asked in Child Custody and Family Law for Illinois on

Q: What would the process look like if I was to argue that my ex is mentally abusing our child and request limited time?

Our child lives primarily with me. My ex is mentally and verbally abusive to our child. Compared to other people its probably not as bad as it sounds but the child has anxiety from it and is becoming withdrawn, angry, depressed (has headaches and stomach aches) after their parenting time with my... Read more »

Marilyn Johnson answered on Jun 16, 2019

You should file a Petition to Modify the Parenting Time. It is often difficult to prove mental and verbal abuse but you need to take immediate action to protect your child. The Court can appoint a child representative or GAL. The Court can order that the child see a therapist. Quite often your... Read more »

1 Answer | Asked in Child Custody and Family Law for Illinois on

Q: what is the likely chance that my son father would get joint custody being a felon?

With two cases dealing with children. One of them kidnapping our son but he on the birth certificate but I didn't give him permission to take him. Having a mile-long record of crimes on his background plus pictures of when I picture of my son after I have to pick him up with scratches and a bite... Read more »

Marilyn Johnson answered on Jun 16, 2019

Illinois statutes no longer use the word custody. There is allocation of parental responsibilities for decision making and parenting time. From the facts that you have alleged, the father of your child would in all likelihood not be awarded any decision making as it appears that he has not had good... Read more »

1 Answer | Asked in Child Custody for Illinois on

Q: What’s a reasonable custody agreement if one parent wants to move out of state

I’m divorced but soon getting married I have two children with my ex husband. My soon to be wife I have children with as well, I would like to have all my kids together but my soon to be wife lives in another state do to work. And I’d like to move with my children so all my kids are together... Read more »

Ray Choudhry answered on May 29, 2019

Every case is different.

There has to be give and take.

Far better to work it out than to take a chance in court.

Sample Parenting Plan: Click Parenting Plan on the page: https://midamericalawoffice.com/divorce-forms/

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: At what age can my daughter tell a judge she doesn’t want to see her bio-father?

My 15 year old daughter no longer wants to go with her bio-father on his parenting time. At what age can my daughter tell a judge this and get little or no time with bio-dad? Her bio-dad wasn’t in her life until she was 10yrs. After her getting to know him and custody battles for 4 yrs under our... Read more »

Marilyn Johnson answered on May 28, 2019

You should file a Petition to Modify the Parenting Time and include all of your allegations in it. There is no age certain in Illinois that a child can make a decision as to whether or not she wants to see her father, but you can petition the court for an in camera interview with the court. The... Read more »

1 Answer | Asked in Child Custody for Illinois on

Q: Is a agreement for custody at a lawyers office legal? They said it never got in to the judge and there is only one copy

Ray Choudhry answered on May 26, 2019

Custody matters have to be approved by the judge.

Until the judge reviews and approves a custody agreement, there is nothing binding.

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: How do I respond to a petition for cause? How do I defend my majority parent appointment?

I live 66 miles from my previous address in Sangamon county. I didn't file a petition with the county clerks because the father and I had a verbal agreement. He and I have been maintaining out parenting agreement and getting along really well for over 12 months now, with my new address. He just... Read more »

Ray Choudhry answered on May 24, 2019

If your daughter has been going to school where your are for the past year and the father went along with it, the court may very well find that there was an agreement of the parties to modify the parenting plan.

Why not come up with a new parenting plan that works for both of you....
Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: Do I need to file a restraining order against my ex wife?

My ex wife had left the state tried to get to take our daughters with her. I fought that and won. She still moved out of state alone and got married and then had 3 children. Her father just contacted me and has said that now she has left her new husband and taken 1 of her 3 children with her. The... Read more »

Ray Choudhry answered on May 24, 2019

Go back to court to have the Parenting Plan modified.

2 Answers | Asked in Domestic Violence, Family Law and Child Custody for Illinois on

Q: Vacated Order of Protection, but my parenting time is still restricted. What can I do?

My ex-wife took out an OoP regarding our child. Because of this, parenting time was restricted to supervised visitation. OoP was then vacated, but my parenting time is still restricted. I would like for the allocation of parental responsibilities to be returned to the original Custody Judgment -... Read more »

Juan Ooink answered on May 23, 2019

You need to hire a Family Law attorney to assist you with this matter. The sooner you do so the better.

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1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: Hello. I'm having some issues with my sons father him and I both have our own relationships. But have joint custody .

I get him every other weekend. And he treats me like he has more lean over me. His new gf wont allow me to see much of him they didnt even want to tell me when his doctors appointment was. I just dont know what to do, theres alot more than that

Ray Choudhry answered on May 17, 2019

If you have every other weekend, why is there a problem.

You can call the police and they will force him to turn the child over to you.

As to say so over raising him, it depends on what the court order says.

Seems like an old order with custody and visitation.

You...
Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: Can my 17 year old daughter choose to live with me without going through the courts? She will turn 18 in 6 months.

My ex wife is the custodial parent of our two kids, ages 14 and 17. My daughter no long wants to live with her mother. We have joint custody and I pay child support. My daughter wants to leave but I do not know if she can just leave and move in with me or do I have to petition the court. Like I... Read more »

James G. Ahlberg answered on May 16, 2019

When she's 18 years old she becomes an adult and can live where she chooses. Until then, her residence is determined by court orders.

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: We now live 74 miles from each other. His visitation every other weekend. Do I have to drive the extra 27 miles?

We have 50/50 custody with me as Primary residence. He moved after we were divorce 27 miles further. He wants me to pick her up now at his residence. He picks her up at mine. But I also didn't move further. If we went back to court would I still have to drive the distance?

James G. Ahlberg answered on May 13, 2019

There's no hard and fast answer to this. It will be up to the judge if the two of you can't agree.

1 Answer | Asked in Child Custody and Family Law for Illinois on

Q: Is mental health of the child a consideration if a request for sole custody\change to the residential parent is made?

A temporary order was put into place to change the residence of our minor child. In this case the residential parent has majority of parenting time. Since that change the child attends therapy less (child was in therapy prior to the TO) are happier, child has reduced their anxiety and stress... Read more »

James G. Ahlberg answered on May 10, 2019

Yes, the mental health and well-being of the child should be taken into account. Make sure your attorney has all the information available to you.

1 Answer | Asked in Child Custody for Illinois on

Q: I had to give up custody of my son to my mother 7 yrs. ago due to domestic violence. How do i get him back

Ray Choudhry answered on May 7, 2019

You go into the same court as gave her custody and ask the court to modify or terminate the previous order giving custody to your mother.

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