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Illinois Child Custody Questions & Answers
2 Answers | Asked in Criminal Law, Family Law, Child Custody and Sexual Harassment for Illinois on
Q: What can I do about my son's abusive father

He's forced me down on him my wrist was sprained hes left dark purple bruises on my son from spanking him very hard and smacked his face to where he was so scared of his father and keeps telling me he doesnt want to go he tells me he is scared of his father at age 3 a child is scared of his... View More

Cheryl Powell
Cheryl Powell
answered on Apr 4, 2025

Call SWAN. It is a shelter for women and children in Olney. Open 24 hours. 618-392-3556. They can provide shelter, food and clothing, help with an Order of Protection, counseling for women and children. They will help you find a job, get transportation, do a resume, work with the police, take... View More

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How can new York give custody when there is a custody case filled here in Illinois between his mom and I

I didn't even know he was going out of state to see his sister and I get temporary custody papers in the mail...I go to court in New York to pick my son up and they wouldn't release him to me... Even though there were no allegations on me

Cheryl Powell
Cheryl Powell
answered on Oct 10, 2024

Is there a custody order in either state? This is a complicated matter that requires a phone call. I practice in Illinois but not in all counties in Illinois. It looks like you are from Paris, and if that is where your case is filed I would not be able to represent you. However, you need an... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: 17 year old son wants to live with his mom now, I am in IL/ mom is in WI- case was in WI

He is upset at me for showing up at his mom's house at midnight after his location previously indicated he wasn't there/was turned off and he wouldn't answer my phone calls/text messages. He said he was at a friends' house. The issue I have is that he's driving my truck... View More

Cheryl Powell
Cheryl Powell
answered on May 27, 2024

Sounds like you need to take the truck privileges away. If he goes to his mom, she can provide him with a car or sign this one over to her so it's not your problem when you can't supervise him and he ends up in a bad accident. Is he going to go to school there? Does mom want him full... View More

3 Answers | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: if my parents are getting evicted and dont have somewhere to go but i do, do they have the right to make me homeless

my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation

James L. Arrasmith
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answered on Apr 2, 2024

I'm sorry to hear about your family's difficult situation. This must be a very stressful and scary time for all of you. A few key points:

As a minor at age 17, your parents are still your legal guardians and generally have the right to make decisions about your living situation...
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3 Answers | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: if my parents are getting evicted and dont have somewhere to go but i do, do they have the right to make me homeless

my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation

Cheryl Powell
Cheryl Powell
answered on Mar 31, 2024

Yes. Until you are 18 your parents have control over you. They can decide you live at grandma's on the couch or floor, that all of you go to a homeless shelter or wherever it may be absent filth, bugs or feces.

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3 Answers | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: if my parents are getting evicted and dont have somewhere to go but i do, do they have the right to make me homeless

my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation

Alan Harrison
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answered on Apr 1, 2024

Taking your question at face value, if your parents move in with your grandma but tell you that you can't move in with them, that is the kind of situation that would possibly cause the state to TPR, in which case you likely would be ordered to live with the closest adult relative who would... View More

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1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Illinois on
Q: My ex is threatening with charging me income tax for claiming my son. Can he do this?

I have been separated from my son’s father for over a year. Never married. No court order for parenting time or child support. He always claimed our son on income tax returns. This year I claimed our son. My son’s father had his W4 setup to claim 1 and is telling me he’s going to charge me... View More

James L. Arrasmith
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answered on Feb 28, 2024

In situations involving tax claims on dependents, the right to claim a child on a tax return typically depends on IRS rules concerning custodial and non-custodial parents. If you have provided the majority of the support for your son and he has lived with you for more than half of the year, you... View More

2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: If I have primary joint custody and I get deployed can I appoint a temporary guardian. Could she get full custody

How likely would it be for her to take custody of him what should my next steps be to keep primary custody

T. Augustus Claus
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answered on Feb 15, 2024

In Illinois, if you have primary joint custody and face deployment, you may appoint a temporary guardian for your child during your absence through a power of attorney or court order, under the state's laws and military provisions. However, the other parent may attempt to modify custody... View More

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2 Answers | Asked in Criminal Law, Child Custody, Civil Rights, Juvenile Law and Family Law for Illinois on
Q: If my ex-husband knowingly lied in a order of protection that he filed, can I get the order dismissed?

My ex-husband filed an OP against me to keep our children from me and he knowingly lied and stated that our daughter lived with him which she did not. Also, the judge had put on the OP that one of our children's names is Kimberly and I have no child named that. Our son also does not live with... View More

James L. Arrasmith
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answered on Feb 24, 2024

If your ex-husband knowingly provided false information in the order of protection he filed against you, it may be possible to challenge the validity of the order. Courts typically require individuals seeking orders of protection to provide truthful and accurate information to ensure the protection... View More

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2 Answers | Asked in Criminal Law, Child Custody, Civil Rights, Juvenile Law and Family Law for Illinois on
Q: If my ex-husband knowingly lied in a order of protection that he filed, can I get the order dismissed?

My ex-husband filed an OP against me to keep our children from me and he knowingly lied and stated that our daughter lived with him which she did not. Also, the judge had put on the OP that one of our children's names is Kimberly and I have no child named that. Our son also does not live with... View More

Cheryl Powell
Cheryl Powell
answered on Feb 11, 2024

Are you talking about the Emergency hearing? If so, you put your witnesses on for the plenary hearing that tell the truth. You can subpoena neighbors of yours, his, bus drivers, teachers, your sister, etc. Should be easy to prove with school aged kids.

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Can the non custodial parent decide not to allow extra curriculars on their parenting time?

Can the non custodial parent decide not to allow extra curriculars on their parenting time? Background: Illinois - Child is 12. I have primary decision making authority and final decision making authority. Parenting plan has been in place since 2017. The noncustodial parent has been absent from... View More

Cheryl Powell
Cheryl Powell
answered on Feb 5, 2024

A 12 yr old is not likely to take kindly to being kept from an activity that she likes. Keeping her from it is not likely to get him far in the eyes of the judge. Do everything in writing so you have written documentation from court. Then if he refuses or fails for 3 times I would ask for... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: What kind of information my ex-girlfriend should give me about her boyfriend if she want to live with him and my kid?
Cheryl Powell
Cheryl Powell
answered on Jan 17, 2024

Unless so specified by any court orders, she is not required to give you anything. It would be nice if you could track him on judici for the past 5 years so you see if he has been involved in Any criminal activities. Full name, last 5 years of addresses, counties he has lived in and date of birth.

1 Answer | Asked in Adoption, Child Custody and Family Law for Illinois on
Q: Can a parent sign over their rights to a friend after their child is put into foster care, In the state of Kentucky

The mothers daughter was put into foster care, at the end of the month she has court for termination of rights, and she would like to sign those rights over to me and my husband instead. We just want to know if that is even possible and how to proceed if it is.

Cheryl Powell
Cheryl Powell
answered on Jan 11, 2024

I can tell you what would happen in Illinois and the rules should be similar to Illinois. In Illinois, the child would be a ward of the court before a termination of rights case began. The only way you could get the child is if DCFS KY agrees. You need a lawyer who works with DCFS and does... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Illinois on
Q: Looking for an experienced chicago attorney to investigate a dcfs case.

The case itself is in Lake county but since a family member is an ex dcfs cop,shes friends with everyone and has worked under the color of law to get custody of my grandchildren by lying and commiting fraud.I need an honest unbiased person outside of lake county to investigate the violation of... View More

James L. Arrasmith
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answered on Jan 1, 2024

In seeking an attorney to investigate a DCFS case in Lake County, Illinois, while avoiding potential conflicts of interest, it's wise to look for legal representation outside the local area. A Chicago-based attorney could provide the necessary distance and impartiality for your case.... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Illinois on
Q: Demanding a report from Guardian Ad Litem in visitation case in Illinois.

In my visitation case, I've requested all findings from the Guardian Ad Litem (GAL), including a report, documentation of conversations, interviews, and relevant evidence. However, I was informed no such report exists. I attempted a Motion to Compel, but it was dismissed by the judge as... View More

James L. Arrasmith
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answered on Jul 6, 2025

In Illinois, a Guardian Ad Litem is not required to produce a written report unless specifically ordered by the court. Their role is to represent the child’s best interests, and their findings are often delivered verbally at hearings. If the judge did not require a written report, the GAL may... View More

2 Answers | Asked in Adoption, Child Custody, Civil Litigation, Gov & Administrative Law and Family Law for Illinois on
Q: Challenge no-contact order and inadequate supervision claim to maintain relationship with grandson.

I had my grandson removed from my home after four years, during which I completed all the necessary adoption certificates. He was doing well in school despite being diagnosed with ADHD, OCD, and RAD. My grandson was initially removed from his mother's care due to drug-related issues in 2018,... View More

Cheryl Powell
Cheryl Powell
answered on Jul 5, 2025

Your appeal to the agency and the court were your remedies. I don't know why your witnesses were not called at your hearing. But your case is over and the agency is not going to reconsider placing the child with you under the circumstances. You can hire a lawyer but your chances are not... View More

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1 Answer | Asked in Child Custody, Social Security, Family Law and Public Benefits for Illinois on
Q: Is my child entitled to back payments of SS disability benefits during my custody?

I had custody of my child who receives Social Security disability benefits from June 2023. Despite my custody, the benefits were not paid to me, and I received a letter from Social Security listing a financial institution. They have refused to provide further details. Is my child entitled to back... View More

James L. Arrasmith
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answered on Jul 3, 2025

If your child was living with you starting in June 2023 and you were their primary caregiver, then the Social Security disability benefits your child received during that period should have been directed to the person actually supporting the child—namely, you. The fact that payments were sent... View More

2 Answers | Asked in Domestic Violence, Child Custody and Family Law for Illinois on
Q: How likely am I to obtain full custody after getting EOP against children's father?

I recently obtained an Emergency Order of Protection (EOP) for myself and my children against their father due to an incident where he choked our youngest daughter. The children currently live with him during the week and with me on weekends. There have been previous incidents reported against him,... View More

Cheryl Powell
Cheryl Powell
answered on Jul 1, 2025

There are many factors involved. Nobody here can assess that issue for you. Take your evidence and papers to a local lawyer.

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1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Does a father have visitation rights without a court order in Illinois?

In Illinois, if there is no court order in effect, does the father have rights to visitation with the child, or is it legal for the mother to withhold visitation? Both parents have lawyers but are in the beginning stages of legal proceedings, with mediation or court yet to happen. They had a verbal... View More

James L. Arrasmith
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answered on Jun 11, 2025

This is an incredibly difficult situation, especially when emotions are high and a child is caught in the middle. In Illinois, if there is no court order in place regarding parenting time or custody, both parents technically have equal rights to the child. That means the mother does not have the... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: How can I argue against a motion for summer-only visitation to keep my kids in Illinois?

I am having a dispute with my children's father regarding visitation rights. He lives in Wisconsin, and we originally agreed on visitation every other weekend, but he now wants summer-only visits. He has been inconsistent since his release from prison, using excuses such as work and... View More

James L. Arrasmith
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answered on Jun 10, 2025

What you’re facing is difficult, especially when your children’s safety and well-being are being challenged. The court's main concern in any visitation dispute is always the best interests of the children, and you have several strong, well-documented reasons to support keeping visitation... View More

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