My brothers name is on birth certificate however never married to his sons mother. She gave him their child a year ago as she didn't have a job, on drugs and nowhere to stay after her mom died. My brother is now moving to Georgia since him and his girlfriend and mother of his other 2 kids(and... Read more »
answered on Feb 18, 2023
I am not sure what letter you are referring to. If a case was opened, a letter in regards to removal might be appropriate. However, your brother could open a court case or he risks the mom going to court in Illinois and convincing a judge that your brother wrongfully took their son from Illinois.... Read more »
His name is not listed on the certificate and no paternity test was ever done.
answered on Jan 3, 2023
The father's rights are essentially the same as the mother's right. To establish your rights you'll need to file a parentage action in the local county courthouse. The court can order a DNA test of you, the child, and the mother. If the DNA test proves you are the biological father,... Read more »
He stayed with her for December but that was due to me (being without a vehicle) and her and the child's dad, keeping him from or not helping me to see him, I live 45 minutes away. They will not let him come back to my house.
answered on Jan 3, 2023
If you provided over half the cost of raising the child in 2022, you are entitled to claim the child on your taxes. If that is the case, make sure you file your taxes as soon as possible. If grandma's tax return is filed after your, her attempt to claim the child is likely to be rejected... Read more »
My ex and I lived in the same house but we’re not married and my ex decided to take my son from my home that he did not bring him back to and when I did call Madison County police they said there was nothing they could do because there was nothing in writing and I recited to them the section of... Read more »
answered on Nov 16, 2022
Parental kidnapping is federal law and is under the Parental Kidnapping Prevention Act. It is defined as hiding the child from a parent for over 14 days. That is usually taking the child across state lines.
Your situation can be resolved by filing a Petition for Allocation of Parental... Read more »
What can I do about this situation? I do not trust the mother to make the right decisions.
answered on Sep 7, 2022
First of all, I'm sorry you are dealing with this kind of problem. Not being able to trust your coparent to act in your child's best interests is upsetting, at best.
There is a lot of information we don't know about this situation. I would also encourage you to double-check... Read more »
My parents are seperated and for reasons I shall not discuss I would rather live with my dad. I dont know what needs to be done in order to move to a different state with him and have no idea how to find out due to my mom having an app on my phone that makes it so she can see everything on it. What... Read more »
answered on Aug 25, 2022
You'll have to talk to your father and encourage him to begin court proceedings to change parenting time (formerly known as custody) and for him to petition the court to allow you to leave the state with him. I know of no way for you to begin these proceedings on your own.
Does the affirmative defense to child abduction that " (1) the person had custody of the child pursuant to a court order granting legal custody or visitation rights that existed at the time of the alleged violation" apply if the person has partial custody of the child but detains them for... Read more »
answered on Aug 8, 2022
Hard to say without knowing more about the case. In any event the primary document of allocation of parental responsibilities may provide an affirmative defense to that criminal allegation.
However, if you ask that question, it seems you need a criminal attorney yesterday.
his name is in the birth certificate
answered on Apr 8, 2022
They have equal rights unless a court has issued an order specifying otherwise.
answered on Feb 10, 2022
Enforcement of a child support arrearage may be brought in the divorce court no matter how old the child(ren).
answered on Feb 4, 2022
If a child is withheld, a parent may also file to modify the child custody schedule. ... If the withholding of the child violates a court order, a parent may file for a criminal contempt against the parent who withholds the child for each instance that the child is withheld.
My now wife consulted an attorney 2 years ago in regards to different children in our family and her ex husband. Now my sons mother has retained that same attorney in a child custody’s case between me and her. Is this a conflict of interest having had given the attorney all of the family... Read more »
answered on Jan 26, 2022
If I understand the facts you presented, it could be a conflict of interest. You should consider filing a Motion to Disqualify the attorney and let the judge decide if there is a conflict.
the mother is in jail right now waiting a trial and then will go to prison for a while. I am his wife. We want to prove paternity and totally adopt him as OURS . But don't want him around his "mother" ever again seeing as she is so unfit. We have 4 kids of our own and a house and I... Read more »
answered on Jan 25, 2022
There are too many variables in your situation for a lawyer to give you solid advice on these issues without sitting down and talking to you and your husband. I encourage you to make an appointment with an attorney in your area who handles adoptions. Also, if DCFS has to due an investigation of you... Read more »
answered on Nov 30, 2021
No. Even if you could it would not terminate your obligation to pay support.
I'm dealing with a situation where I have a baby on the way. We live in two different states. The mother lives in Chicago and I live Maine. I met her online and at some point I met up with her in Chicago. I discovered she was a heroin addict. We ended up separating and I went back to Maine... Read more »
answered on Oct 30, 2021
My understanding of the purpose of this service is this:
It is to ask questions so the questioner can decide 1. If a lawyer is needed for the situation the questioner presents, and 2. to help find the lawyer that questioner is most comfortable with to hire.
My understanding of the... Read more »
Her office stated they would inform her of my issues. That was a week ago.
answered on Jul 28, 2021
I think you already know what you have to do. Terminate her representation . You have the absolute right to do so and to receive a refund of any unused retainer fee that you paid.
Divorce is tough enough, you don't deserve any problems from the one who is supposed to be trying to... Read more »
My soon to be ex husband and I made an agreement that once he does anger management he can do visitation with the kids ever other weekend spoken through the court. However, I want a provision added in that states our oldest can choose when/where/how he wants to communicate with his father. The... Read more »
answered on May 28, 2021
Only your attorney knows all of the facts of your case and only he is in a position to advise you properly. However, it sounds like your oldest son and your ex could use some reunification therapy. This would involve a separate Motion , but you are in a bad situation. Perhaps, you could talk to... Read more »
We will still be in macon county only about 10 minutes further but a different school district. I do not get child support. I pay for everything. My ex gets every other weekend and 2 nights a week 4 hours each time. Do I need her approval to move?
answered on May 10, 2021
Unless your Judgment specifically provides otherwise, you may definitely move as you described.
My lawyer is asked by the judge to submit extensions for my spouse's order of protection because they don't have an attorney. Isn't this a conflict of interest for me, and can't I just have my attorney not do it?
answered on Mar 30, 2021
There is no conflict of interest. Your lawyer could hardly say no to the judge under these circumstances. It's a mere courtesy to the court.
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