Illinois Child Custody Questions & Answers

Q: My husband and I want to move to Texas to better our situation but, sons father owes 3,000 childsupport, can I take him?

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Answered on Feb 8, 2019
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.

Q: Specifically, if I've never reported his extensive abuse, it's not well documented, is it still important to bring up?

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Illinois on
Answered on Jan 22, 2019
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.

Q: I live in Illinois. I never married my child’s father. We recently split up. There is no court ordered visitation yet.

1 Answer | Asked in Child Custody for Illinois on
Answered on Jan 18, 2019
James G. Ahlberg's answer
Assuming you both live in Illinois, your rights and his rights are exactly the same until a court determines what to do. Let your lawyer know what is going on ASAP.

Q: My step children were taken away from their mother by DCFS. The mother has not stopped the child support what do we do?

2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Answered on Jan 17, 2019
Ray Choudhry's answer
You need to go to court to get a revised parenting plan and ask that child support stop.

You might even be entitled to collect child support from her.

Q: How do I request my ex completes rehab or an alcohol treatment program & get supervised visits until he's paying support

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Answered on Dec 26, 2018
James G. Ahlberg's answer
The best advice I can give you is to hire a lawyer to get as much of this done as you can. If you can't afford a lawyer, check out local legal aid programs.

Q: Is there a way to claim one of my kids through the Courthouse even while being on child support?

1 Answer | Asked in Child Custody and Child Support for Illinois on
Answered on Dec 22, 2018
Ray Choudhry's answer
Awarding exemptions is part of divorce and paternity proceedings.

A lot of factors are taken into account.

Income of the parties and the Parenting Plan are the most important.

File a Petition for Allocation of Exemptions.

Q: Is child custody determined before a divorce can be finalized?

2 Answers | Asked in Child Custody and Divorce for Illinois on
Answered on Dec 18, 2018
Ray Choudhry's answer
Illinois no longer has custody and visitation.

Instead, it has parenting plans. These are for both divorce and paternity cases. They can even be used in Order of Protection Cases.

If there are children in a marriage, they are the most important part of the divorce.

It is highly unlikely that a court would grant a divorce without a parenting plan in place.

The usual rule is that the parties try to come to an agreed parenting plan. If they can't, the court will...

Q: When recieving child support, what does the provide the child? Such as food? Clothes?

1 Answer | Asked in Child Custody and Child Support for Illinois on
Answered on Dec 4, 2018
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.

Q: My ex is in jail, can I revoke any custody to the kids?

1 Answer | Asked in Child Custody for Illinois on
Answered on Nov 30, 2018
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...

Q: My son's father wants 50% custody but my son will be spending 90% of his dad's days with his step mom

1 Answer | Asked in Family Law and Child Custody for Illinois on
Answered on Nov 28, 2018
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....

Q: my ex and I broke up. We have two kids together. There is no custody agreement and we were never married he is in

1 Answer | Asked in Child Custody and Family Law for Illinois on
Answered on Nov 25, 2018
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.

Q: Will I finally be given a temp parenting time agreement in the course of a motion for temp assistance filed against me?

1 Answer | Asked in Family Law, Divorce and Child Custody for Illinois on
Answered on Nov 24, 2018
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.

Q: Is it legal or right that because I take my case to a jury they raise it from 1 misdemeanor to 2 felonies?

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Illinois on
Answered on Nov 18, 2018
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.

Good luck.

Q: Can respondent allocate that petitioner must remain in the current city of residence for the interest of the children

1 Answer | Asked in Divorce, Child Custody and Child Support for Illinois on
Answered on Nov 16, 2018
J. Richard Kulerski Esq.'s answer
You can move wherever you wish as long as you stay within the applicable mileage limit.

Q: There is a court order in place and he has kept my daughter from me for 6 years. How do I take him back to court to see

1 Answer | Asked in Family Law and Child Custody for Illinois on
Answered on Nov 7, 2018
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.

Q: I'm trying to find a lawyer who can get full custody of my daughter for me an also file child support against the mother

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Answered on Oct 24, 2018
Dean Wilhelm Taradash's answer
Ok, you should consult with an attorney. Feel free to call me at 312-775-1020 so we can discuss how to best proceed.

Q: I am separated and my husband is telling me I can not have my kids back. Can he legally keep them from me

1 Answer | Asked in Child Custody for Illinois on
Answered on Oct 22, 2018
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.

Q: Can I ask that the non custodial parent give me one of his cars?

1 Answer | Asked in Family Law and Child Custody for Illinois on
Answered on Oct 5, 2018
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.

Q: Can I appeal a child support decision if my spouse was recently convicted of a DUI with our kid in the car?

1 Answer | Asked in Child Custody for Illinois on
Answered on Sep 25, 2018
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.

Q: My daughter wants to leave state before she is divorced with her 2 kids is this possible or what are the rules for this?

1 Answer | Asked in Child Custody for Illinois on
Answered on Sep 24, 2018
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.

On the other hand, if there is no court...

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