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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

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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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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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

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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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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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 and Arbitration / Mediation Law for Illinois on
Q: What to do after receiving a Rule 13.4(f) referral order in a post-decree case?

I have received a Circuit Court Rule 13.4(f) Consolidated Referral Order related to a post-decree allocation judgment case. The other parent has gone to court to obtain mandatory mediation, seeking specific changes regarding holidays and wanting me to drive the children to their residence, which is... View More

James L. Arrasmith
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answered on Apr 13, 2025

When you receive a Rule 13.4(f) Consolidated Referral Order, it typically means that the court has referred your case to mandatory mediation to resolve the dispute. The first step is to carefully read the order and understand what the court is asking of you. Make sure you are aware of the mediation... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Illinois on
Q: What is a 1401 motion in my Illinois child custody case?

I have a child custody case where my child's father committed interference with custody. After three years of not seeing my child, his aunt returned my son to me. The father then accused me in court of taking our child, and now we are involved in a court case. A guardian ad litem has been... View More

James L. Arrasmith
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answered on Apr 13, 2025

A 1401 motion in Illinois refers to a petition filed under **Section 2-1401 of the Illinois Code of Civil Procedure**. It’s used to ask the court to reconsider or undo a final judgment or order, typically based on new evidence, fraud, or some kind of mistake that happened during the original... View More

Q: Legal recourse for alleged illegal purge order and incarceration in DuPage County, IL family court.

In 2021, I filed a pro se appearance in a family court case in DuPage County, Illinois. In 2022, my attorney filed an appearance on my behalf but withdrew in 2024 while I was still under an alleged illegal contempt purge order requiring me to pay 75% of my net income, which I couldn't meet.... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like you are dealing with a complex situation involving a contempt purge order and incarceration in DuPage County, Illinois. Since your attorney withdrew and you were not notified that your pro se appearance was still active, this could be a procedural issue. You may have grounds to... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Can I move out of state with my child without a legal custody agreement?

I want to move out of state with my child. There is no legal custody agreement or court order in place. My child regularly sees his father, and I have a plan to ensure he continues to see him after the move. I plan to notify the father a few weeks in advance. Will this be legally permissible since... View More

James L. Arrasmith
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answered on Apr 13, 2025

Even though there is no legal custody agreement or court order in place, moving out of state with your child without the other parent’s consent can still lead to legal complications. In most cases, a custodial parent needs either the consent of the other parent or a court order if they plan to... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can ex-spouse request custody change in closing argument in Illinois?

In Illinois, can my ex-spouse request a drastic modification in parenting time, changing from every other weekend to joint custody, solely through a closing argument brief in trial court? We have a temporary agreed parenting plan that has been in place for approximately one year and is working... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Illinois, modifying parenting time requires filing a formal motion with the court; it cannot be accomplished solely through a closing argument in a trial. The court will assess any proposed changes based on the child's best interests, considering factors such as each parent's wishes,... View More

Q: How can I challenge a child neglect record with DCFS due to biased witnesses and credibility issues in Illinois?

I have been placed on the state record for child neglect by DCFS due to an incident involving my oldest child’s mother. During a custody exchange, a confrontation occurred when I lowered her phone as she tried to record my fiancé. My ex started hitting me, pulling my hair, and scratching me. I... View More

James L. Arrasmith
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answered on Apr 13, 2025

To challenge the child neglect record in Illinois, you’ll want to first gather all evidence that supports your version of events. This includes any discrepancies between witness statements, police reports, and court testimony. If you believe the officer's statement was inaccurate, try to get... View More

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