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Illinois Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Illinois on
Q: My daughter was a college student at University of Nebraska, got pregnant. Had baby in Neb. where can she file custody?

Boyfriend kicked her out thanksgiving night at 11:30 pm and has been living with his dad (and dad's girlfriend) since. She is basically homeless out there. No family, few friends, did not finish college on his promises to marry and start a family.

James G. Ahlberg
James G. Ahlberg answered on Jan 31, 2020

She can file for a determination of paternity, custody and child support wherever she and the child are living. She should do this ASAP, since until a court determines custody and visitation (now called parenting time in Illinois) she and the child's father have exactly the same rights to the... Read more »

1 Answer | Asked in Child Custody for Illinois on
Q: The father of my child is filing allocations of parental responsibilities for our child? What does this mean?

What should I do in this case if I don’t want him to have these responsibilities?

James G. Ahlberg
James G. Ahlberg answered on Jan 30, 2020

It means he is going to suggest to the court which one of you gets to make certain decisions for the child and what parenting time (formerly called custody and visitation) each of you will have. Go to this website and click on Parenting Plan to fill out a copy of the form that should be filed with... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Is it possible to change my child’s last name to mine?

I would like to change my child’s last name to my last name. Their dad and I were never married, we don’t have any court order custody agreement, and he’s always been in and out of her life and not financially responsible. I was informed by him about 6 months ago that he has started the... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 23, 2020

It can be done through the courts, but you will be required to provide notice of the court proceeding to the child's father. Be prepared to show it is in the best interest of the child to change the name.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: If our child drops out of college and decides to enroll again prior to age 23 can I be held financially responsible?

Child wants to graduate high school early but I don't think they are mature enough yet. We don't have anything outlined in the parental plan for higher education however I am the primary decision maker with high school.

I'm curious if our child attends college after graduation and then... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

Frankly, the best answer I can give is not to fret about something so far away over which you have little or no control. This is the advice I'd give if you were a client.

1 Answer | Asked in Child Custody for Illinois on
Q: If mother of your child doesn't want you on birth certificate is their any papers I can file to get put on it

How to get legal visiting rights

James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

Your best bet is to hire a lawyer to file a paternity action. If you're the father, the court will issue an order saying so. It can also order that your name be added to the birth certificate, decide what parenting time (formerly known as custody and visitation) each of you gets, and determine how... Read more »

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: If parental order was not followed prior to child attending College, am I financially responsible?

Our current order states that the three of us (mother, father and child) will work unilaterally regarding College. So far I've been kept in the dark and our child won't answer any of my questions regarding college. Our currently order only states that if the three of us cannot agree regarding... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 18, 2020

Ask your ex-spouse about college. Your child wasn't a party to the legal proceeding in which the order was entered, whereas your ex was. Your child can't be held in contempt for not obeying an order in a legal proceeding to which the child was not a party. Your ex is bound by the order since he or... Read more »

2 Answers | Asked in Family Law, Adoption, Child Custody and Domestic Violence for Illinois on
Q: How do I terminate a guardianship from Illinois? My daughter's guardians have taken my daughter with no contact.

Her legal guardians have taken my daughter from me, filed an emergency motion in Illinois stating to the Judge that they are deciding who speaks/ sees to her, and that they would deny any contact from both parents. My ex (her father) was released from jail with 2 counts of continuous family... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 6, 2020

Sounds like there was a case pending in Illinois. If there is an order there contact an attorney in that county in that state. Good luck!

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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Legal Malpractice for Illinois on
Q: So I went from 50/50 custody to 3 days a month! I filed motions and judge laughed and told me I'm no lawyer.

I dont have extra money for lawyer. The court system has laughed at me and told me I'm no good for my son and without a license I cant properly raise our son. I need help pro bono. Our son needs me like he needs his mother. His mom dont work. Refuses to, and judge put in order that I'm not aloud to... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Jan 3, 2020

There are attorneys that offer paid coaching and drafting services.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: I need a attorney that is willing to travel to watseka Il . Thee is a custody order in place for 3 yrs I just filed
Evan S. Sloan
Evan S. Sloan answered on Jan 2, 2020

It sounds like you're having a custody issue. I would contact a family law attorney in your area and further discuss your situation with them.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: State of Illinois, is it a conflict of interest to have my ex-wife be represented by her current boss?

My ex-wife is employed by a ligation and personal injury attorney in the state of Missouri. He represents her at no charge in the state of Illinois where our case has been initiated. Is it a conflict of interest for him to represent her?

James G. Ahlberg
James G. Ahlberg answered on Jan 2, 2020

If he was your boss it would be a conflict of interest. If he's her boss it is not.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: Can my ex file for custody, taxes and child support?

I was given custody in 2017. My ex was not ordered visits or child support. In 2019, Aug my wife and I found out she was doing better and expecting a baby. I let her go live with her mom and grandparents in Tennessee while I live in Illinois so that she would be there for the birth of her brother.... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 26, 2019

As long as an Illinois court has ruled on such things as custody, parenting time (formerly called visitation) or support, the children should remain subject to the jurisdiction of the Illinois court. The Tennessee court should refuse to take action contrary to the Illinois court's orders. This will... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: RELOCATION

IF THE FATHER HAS NOT MADE CHILD SUPPORT PAYMENTS OR SEEN THE KIDS IN OVER A YEAR CAN I RELOCATE IF I HAVE AN EVICTION NOTICE CAN I LEAVE STATE WITH EXTENDED FAMILY ?

James G. Ahlberg
James G. Ahlberg answered on Dec 9, 2019

Not without a court order giving you permission. It's more complicated than it sounds -- don't try to do it without a lawyer's help. While you're in court you should consider asking the judge to hold your ex in contempt for not paying child support.

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Is there anything I can do if my daughter's step mom is blocking communication between the father and I?

She continues to try to speak for him and will take it as far as acting as she is him in text messages from his phone. I have expressed I would prefer that our conversations are phone calls so I know I am relying information to the right parent, but have recently received a text message from her... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Nov 25, 2019

You need to file a petition with the court requesting that the father only communicate with you and not through third parties. Also, the court can determine the method of communication between you and the father and require him to always inform you of the location of your daughter.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Im 16 and my mom is moving to ohio but i dont wanna go for reason im being mentally and physically abused

And i wanna run away to my grandmas house but i dont wanna have any police contact going on

Marilyn  Johnson
Marilyn Johnson answered on Nov 19, 2019

You do not mention your father. If he is in your life then you should communicate your concerns to him. Otherwise, you should tell a teacher or law enforcement officer your concerns.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: I am on child support can I get visitation with my daughter

I have been in no trouble have an apartment with my girlfriends 2/kids

Marilyn  Johnson
Marilyn Johnson answered on Nov 19, 2019

From what you have indicated, you should be able to have parenting with your daughter. You will have to petition the court for a parenting time schedule. Your parenting time will be ordered by the court taking into consideration the age of your child . If you have not been in your daughter's life,... Read more »

1 Answer | Asked in Child Custody for Illinois on
Q: My boyfriend is finally stable and is ready for his dissolution of marriage and also wants custody of his daughter

He has been in ohio for 8 months and his spouse is abusive and unfit to care for her

Marilyn  Johnson
Marilyn Johnson answered on Nov 14, 2019

Since both parties and the child have resided in Ohio for 8 months, Illinois does not have jurisdiction over the child. An Ohio attorney should be consulted.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Do you always need a lawyer for a child support case if we were never married?

I have been the sole provider for my almost two year old for her whole life. I recently got summoned to court because her dad wants custody and child support. He has a lawyer but I can not afford one. I asked the judge for a 30 day continuance to obtain a lawyer but most of them are $3000.

James G. Ahlberg
James G. Ahlberg answered on Nov 13, 2019

Strictly speaking, no. Practically speaking, yes. You can build a house without a carpenter, a plumber or an electrician, but how good a house will it be? Similarly, you can present your own case before the judge, but how good a case will it be? Borrow the money from friends and relatives if you... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What is reasonable healthcare? Orthodontics for a second time.

I'm order to pay half all medical, dental, vision and orthodontics for our children in the current order. My ex is wanting our youngest to have braces for a second time. They are the primary decision maker in this area but this seems excessive. I can have a second opinion done at my own cost but... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Nov 11, 2019

I would certainly get a second opinion. If that orthodontist recommends that your child needs the braces again, then you will have to pay. In that event, you need to find out would occurred causing your child to have the braces again. If there was any negligence on the part of the first... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Im a 16 year old male, my mother has sole custody of me but things have been happening in the house so i decided i want

Im a 16 year old male, my mother has sole custody of me but things have been happening in the house so i decided i wanted to live with my dad yesturday. she said if im not back by sunday she will call the cops but im afraid to go back. will the cops still make me

Marilyn  Johnson
Marilyn Johnson answered on Nov 5, 2019

They police could tell you to return to your mother but information is needed. If your mother is abusing you or neglecting you then you should inform the police. Again, depending on the circumstances, you dad could file an emergency petition for temporary and permanent custody or for an order of... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: First hearing for my 3 year old son, never married.

cant afford an attorney. The mother has kept me out of my sons life, he is 3 now. I filed for visitations over a year ago, and we came to an agreement at mediation a couple months ago. At our most recent court date she changed her mind. My case is now set for a hearing and I am supposed to bring... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Oct 30, 2019

From what you have alleged,there appears to be no basis for the court to delay overnight parenting time with your son for a year. As he is three years old and you do not have a relationship with him, you will first to establish a relationship with him before overnight parenting time can start.... Read more »

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