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Illinois Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: My son is turning 11 and his father has never probated, if I asked for child support how many year can we go back?

He’s not on the birth certificate.

James G. Ahlberg
James G. Ahlberg answered on Sep 16, 2019

Child support is typically only collectible beginning on the day a request for it is filed with the court.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: My 11yrs is in a private school with a scholarship, can he still obtained scholarships after filling child support.
James G. Ahlberg
James G. Ahlberg answered on Sep 16, 2019

This is a question you'll have to ask the school, since they are the only ones that know the answer.

2 Answers | Asked in Bankruptcy, Family Law and Child Custody for Illinois on
Q: I owe my child custody lawyer over 16k... can i file for bankruptcy, either chapter 7 or 11 ti wipe out this debt?

Ive paid over 8k. I have nothing left

Timothy Denison
Timothy Denison answered on Sep 7, 2019

Yes. Chapter 7 could wipe it out.

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Joint custody

A non married couple, no longer reside together and have a baby together. If they were to seek joint custody, would either of them, legally, be able to keep the baby and not return him? Thank you.

Marilyn  Johnson
Marilyn Johnson answered on Sep 3, 2019

In Illinois, the father would have to establish paternity. When joint custody is awarded, there would also be an order for a parenting plan. The parenting plan would specify visitation times for both parents. Neither parent would be able to keep the baby from the other.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: What can I do? I have 8 year old daughter. We live in Illinois.

My daughter was born in 2010. I was there for the birth but left the hospital to go buy some stuff for the baby.When I came back the ex girlfriend had filled out all the paperwork for the birth certificate.Years later I came to find out she didnt add me on the birth certificate and misspelled my... Read more »

James G. Ahlberg
James G. Ahlberg answered on Aug 20, 2019

Get a child support/custody order.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: What is the time frame for this whole process? I haven't gotten a date for a hearing. It's been well over 30 days.

I filed a petition with the court to relocate but I haven't gotten a date for a hearing. I feel as though I'm being held hostage by the state of Illinois. If he's not complying to the parenting plan (he doesn't see them, call them or pay child support) why do my boys and I have to remain where we... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 19, 2019

Did you present your motion to the court?

The court should have entered an order setting the tentative schedule.

The court doesn't give you a first court date without you asking for it.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I want to move from Illinois to Missouri with my children but my ex husband will not allow it

So after he said no, I filed a petition with the court. I haven't gotten any response from the court at all. School has started and it will be better all the way around if we moved. What can I do, if anything, to speed up the judge to get a court date? What will happen if I just moved without... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 18, 2019

You will not get a response from the court without having a trial.

You have to present your motion to the court by scheduling it per the clerk's instructions.

The court will then set a briefing schedule and set the matter for hearing.

The rules of evidence are complicated...
Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Does it reflect poorly that I didn't involved my ex in paying school fees when I'm the one responsible for payment?

I'm responsible for enrolling our children in school and paying the fees. My ex is sending me repeated messages that I did not involve them in the process(?). The children picked out their classes prior to the end of the school year and I sent that info to my ex months ago. One child was... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Aug 18, 2019

As long as you complied with the court order, there should be no issues with your actions that you described.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can my sister and I be charged with child Abduction?

My child’s mother and I got into an argument after having a few drinks. The situation escalated quickly and I didn’t want my son exposed to it unnecessarily. At first my son’s mother agreed to let me take our son with me to my parent’s home. I called my sister for a ride. When I began to... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Aug 18, 2019

You need to file a Petition to Establish Paternity. Obviously you both should not be drinking in the presence of the child as it caused you both to not have very good judgment. In court you will be able to establish custody and set a parenting schedule.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My son lives in Nevada with his mom and hates it and wants to move to Illinois with me. What is the easiest way to do

He is 12

Robert B. Buchanan
Robert B. Buchanan answered on Aug 15, 2019

Unless you have a custody judgment in Illinois, any court case will have to be in Nevada.

Diplomacy is easier than court. Would the mother be amenable to a conversation? I would start there first.

Good luck!

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: How can a mother give a child my last name with out my consent, and does that makes me legally the parent in Illinois?

My daughter had a last name change because her mom put the wrong man down as my daughter Father's so she changed her last name with out my consent and my name is still not on my daughter's birth certificate, does that make me the father of this child and could the mom be in trouble for not getting... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 8, 2019

Assuming you are not married to the mother, the name on the birth certificate does not determine whether you are the legal father.

To be the legal father, if you are not married to the mother, one these things has to happen:

- A judge signs an order saying you are the father;...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Ex quit job (again) prior to a custody\child support trial.

Each time there is a child support hearing my ex quits their job. Prior to 2017, this action has allowed them to obtain more child support. In 2017, they were deemed voluntarily underemployed. Due to other circumstances the children now reside with me on a temporary order and I've motioned to... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Aug 6, 2019

If your former spouse voluntarily quit his or her job, the court can impute income to him or her. If you are providing the children with a loving and stable home, the court may not want to remove the children from it. The court encourages stability of environment for the children.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Best interest of the child in the court eyes.

My ex moved closer to me in order to obtain residential custody and decision making. Currently our children are living with me due to my ex relocating our children out of state without permission. My ex recently quit their job and amended their response to they want equal shared time and no child... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Aug 6, 2019

From what you have alleged, I do not believe the court will change Residential custody and decision making. Your former spouse has a history of not obeying court orders and the court will not take that lightly. If your former spouse voluntarily quit his or her job, the court can still enforce the... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Illinois on
Q: My mom claims that she signed a document in Alabama that will not let me move out until I'm 19.

I live in Illinois now and I want to move out when I'm 18. What I want to know is if even though I turn 18 can she still stop me from moving out legally or if I can move out without her consent?

James G. Ahlberg
James G. Ahlberg answered on Aug 5, 2019

Once you're 18 years old you're legally an adult. You can move out without her consent unless you are developmentally disabled and she is your court-appointed guardian. This is rare. You would know if this happened since the court proceedings would have been within the past year and you would have... Read more »

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: Can a mother take her child (2 1/2) from the custodial father just to get child support when he’s had her for a year?

The mother of the child has often threatened to take their daughter, and has done so for short periods, when she is angry with the father. The father lives with his parents, and his mother babysits when he’s working. The mother is agreeable with this situation. The mother rarely takes their... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

Yes, she can, unless there is a court order.

The father could file a custody case and file a motion to maintain the status quo. If the motion is granted there will be a court order establishing the current schedule and saying that mother cannot do whatever she wants.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Ex-husband just got out of prison in Nebraska and thinks he can just come to Illinois and get his kids when he is out...

The kids and I live in Illinois, he lives in Nebraska, currently on parole. We moved to Illinois just after he became incarcerated in Nebraska 4-5 years ago. The divorce was finalized after I moved as well as the custody agreement that I had full physical custody of the children. He has been out... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

Depending on his past actions, you might be able to file for an order of protection.

I would put your local police and school on alert regarding his background and his intentions.

1 Answer | Asked in Divorce and Child Custody for Illinois on
Q: Me and my husband still married we seprated in 2013 yoingest was 8 months. i had to move back home to alabama due to

Not havint family in illinois i left 3 of my 4 daughters ygere my oldest has a differe ntfather i allowed my husband to come back and get her (shes the only father shes ever known) i trusted him i made the decision to do so bc i wasnt stable.. It didnt take me but about 3 months to get on my feet... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

Hi! If the kids are in Illinois, you need to start either a custody or divorce case depending on whether you're married.

Once the case begins, the judge may schedule mediation which will be an opportunity to talk the father what you're hoping for.

There's no legal requirement you...
Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: my sister is 17, her parents have joint custody. Her mom won’t let her move to ny with her dad. Can she just leave?

Her mom is verbally and mentally abusive. I am her 20 year old sister and I am willing to take her to NY. The parents have joint custody so can her mom stop her from going to him? I thought that after a certain age a child can choose where they want to live? Well, her mother doesn’t even give her... Read more »

James G. Ahlberg
James G. Ahlberg answered on Aug 1, 2019

The age at which a child can determine where they live is when they become an adult under the law, namely his or her 18th birthday.

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: The judge ordered my husband and I to see a mediator for a parenting plan. We've already see the mediator

Now the judge has to sign off on the parenting plan to make it an official court ordered paper. We've had to reschedule/ ask for an extension two times already because neither my ex- husband or his lawyer show up to court. My lawyer doesn't tell me much, all he tells me is that my ex- husband's... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 1, 2019

Your lawyer needs to be putting pressure on the other lawyer and the judge to finalize things. If I were your lawyer, I would think about filing a motion for attorneys fees if they are actually wasting time - but that would be an extraordinary measure.

The judge won't let endless...
Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: What is an in-camera judge appearance like to a child?

My child is scheduled for an in-camera meeting with the judge regarding primary residency during the school year. My child is 12 and is nervous about the other parent badgering them about what is discussed. I want to be able to reassure my child.

Thanks

Marilyn  Johnson
Marilyn Johnson answered on Jul 27, 2019

An in-camera meeting with the judge is usually not recommended because it can cause much stress for the child. The court usually tries to avoid it and will quite often appoint a guardian ad litem or a child's representative that can act as the eyes and ears for the court. In your case, however, the... Read more »

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