James G. Ahlberg's answer You need permission from the court to move your child out-of-state. There are a number of legal hoops to jump through and numerous things the judge needs to consider. Contact an attorney to get this done -- it is not something most people will succeed in doing on their own.
Marilyn Johnson's answer You absolutely should present to the court any and all incidents of abuse even if they have been previously unreported and undocumented. The court will then weigh the presented evidence and rule accordingly.
James G. Ahlberg's answer Child support can be used for almost anything. Car payments? Sure, you've got to get around. Gas or repairs for the car? Same thing. Rent or a mortgage payment? You've got to have a roof over your head. Food? Yes. Phone bills, water, heat for the house or apartment, garbage removal, Internet, cable TV (or dish)? All of these are legitimate things to spend child support on, along with countless others.
James G. Ahlberg's answer Any action changing parenting time (formerly called custody and visitation) must be taken by a court. If your question is whether you are likely to win if you try to terminate your ex's rights to see the children, the answer depends on too many factors to list here. You need to know that Illinois courts tend to avoid terminating a parent's involvement with his or her children if possible, though it does happen at times. I encourage you to make an appointment to see a lawyer who can thoroughly...
James G. Ahlberg's answer Due to recent changes in state law, you and your ex-husband will be expected to propose how much parenting time each of you gets and when it will be (Illinois has done away with the terms "custody" and "visitation"). It will be important for you to emphasize that the term "parenting time" means just what it sounds like -- it is time for a parent to spend time with the child. The term doesn't mean storing the child with someone else the vast majority of the time. Discuss this with your lawyer....
Marilyn Johnson's answer You need to file for an Emergency Order of Protection as soon as possible. You will be asking the court for physical possession of the children and that they be returned to you in Illinois.
James G. Ahlberg's answer If no one has filed a petition to determine the allocation of parenting time (formerly called custody and visitation) the judge is unlikely to enter an order. If your second attorney was retained just to change venue and is effectively out of the case now, you need another lawyer ASAP.
William Wolf's answer Unfortunately, prosecutors have huge amounts of discretion on charging decisions. Their discretion is virtually unlimited. It is not uncommon for prosecutors, when a defendant refuses a plea deal, to react by raising more and more serious charges.
Hopefully, you have a good criminal defense lawyer that's helping you. If not, you need to find one immediately.
James G. Ahlberg's answer There is no way to respond to your question without a great deal more information. Therefor, the only answer I can give is to make an appointment with a lawyer. He or she will ask you questions and gather the information needed to give you advice. Gather up all the paperwork you have on your case and bring it to the appointment with you. The lawyer will need to see it.
James G. Ahlberg's answer Unless a court order says otherwise, parents of children have exactly the same rights. In other words his right to parenting time (formerly called custody) is the same as yours. I encourage you to find a lawyer and secure a court order determining when each of you has parenting time.
James G. Ahlberg's answer You can ask for anything. What you probably can't do is get a court to order that he or she give you a car, however, unless you somehow convince the court that it is in lieu of child support for a specified period of time.
James G. Ahlberg's answer Whether you can appeal a child support decision has nothing to do with your spouse getting a DUI, whether the child was in the car or not. It may impact the allocation of parenting time (formerly called custody and visitation), however.
James G. Ahlberg's answer If the divorce has been filed or if a court has entered any order dealing with parentage, allocation of parenting time, custody, support or visitation, then she should not relocate without having either the permission of her husband or a court order saying she can do so. Getting either the husband's permission or the court order requires jumping through several very specific legal hoops -- she should speak to a lawyer before trying either one.
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