Illinois Child Custody Questions & Answers
Q: I have court this Friday for my case to be reviewed for an increase on my Child Support. The case was done 7yrs ago
Cheryl Powell's answer
Make sure both of u bring your financial affidavit, income taxes and last Check stub.
Make sure both of u bring your financial affidavit, income taxes and last Check stub.
Q: Can I go get my son?
James G. Ahlberg's answer
You best bet is to file a paternity action to get an order declaring you to be the boy's father. Once you have that you're on much more solid footing when you go to claim your son. In this situation it's cheaper and easier to get things straightened up at the outset rather than trying to fix up a mess afterward.
You best bet is to file a paternity action to get an order declaring you to be the boy's father. Once you have that you're on much more solid footing when you go to claim your son. In this situation it's cheaper and easier to get things straightened up at the outset rather than trying to fix up a mess afterward.
Q: My son's baby's mother is trying to move out of state with him my son does not one his son to go what does he have to do
Marilyn Johnson's answer
Your son needs to immediately file a petition with the court to establish his paternity. He also needs to obtain a restraining order prohibiting the mother from leaving the state so that the matter is litigated in Illinois.
Your son needs to immediately file a petition with the court to establish his paternity. He also needs to obtain a restraining order prohibiting the mother from leaving the state so that the matter is litigated in Illinois.
Q: I have a confusing situation and a few questions to ask.
1 Answer
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Divorce, Family Law, Child Custody and Child Support
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Illinois
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Answered on Apr 3, 2019
Answered on Apr 3, 2019
Marilyn Johnson's answer
Yes, your former husband can get a withholding order for child support and serve it on your employer. You should appear in court on each and every court if you do not have an attorney. You should inform the court of your situation with your children as it can effect the child support amount. You certainly do not have to cook for your former husband or do errands for him as this will not effect the amount of child support that you may be ordered to pay.
Yes, your former husband can get a withholding order for child support and serve it on your employer. You should appear in court on each and every court if you do not have an attorney. You should inform the court of your situation with your children as it can effect the child support amount. You certainly do not have to cook for your former husband or do errands for him as this will not effect the amount of child support that you may be ordered to pay.
Q: I'm separated from my husband who has bipolar. I'd like to use a mediator but I want full custody. Is this recommended?
James G. Ahlberg's answer
A mediator doesn't decide who gets how much parenting time (formerly known as custody and visitation), a judge does. If you value your child, find a good lawyer. What you call the "stress/pain/ugliness that can come with getting lawyers involved" is NOTHING like the stress/pain/ugliness that can come when lawyers are not involved at the outset and have to come in later to clean up the mess made in their absence. Get a lawyer. I repeat, get a lawyer.
A mediator doesn't decide who gets how much parenting time (formerly known as custody and visitation), a judge does. If you value your child, find a good lawyer. What you call the "stress/pain/ugliness that can come with getting lawyers involved" is NOTHING like the stress/pain/ugliness that can come when lawyers are not involved at the outset and have to come in later to clean up the mess made in their absence. Get a lawyer. I repeat, get a lawyer.
Q: My husband took our children from my mothers and refuses to give them back to me. Is there anything I can do?
Ray Choudhry's answer
Here is a sample parenting plan.
http://www.illinoiscourts.gov/Forms/approved/divorce/Divorce_with_Children_Parenting_Plan.pdf
It makes sense to come to an agreement on this.
Depending on how long the children have lived where they live and their ages, the court may decide they are better off staying where they are.
His not working or able to support also comes into play.
This is not a science. It is always best to come to an agreement rather than have...
Here is a sample parenting plan.
http://www.illinoiscourts.gov/Forms/approved/divorce/Divorce_with_Children_Parenting_Plan.pdf
It makes sense to come to an agreement on this.
Depending on how long the children have lived where they live and their ages, the court may decide they are better off staying where they are.
His not working or able to support also comes into play.
This is not a science. It is always best to come to an agreement rather than have...
Q: My ex husband is mentally ill and I want to file for full custody of my daughter
James G. Ahlberg's answer
I have to assume your question is whether you should hire a lawyer to do this. The answer is yes.
I have to assume your question is whether you should hire a lawyer to do this. The answer is yes.
Q: I won custody case and I am still paying child support because she has not responded since Sept 18'. How do I stop pay?
1 Answer
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in
Family Law, Child Custody and Child Support
for
Illinois
on
Answered on Feb 24, 2019
Answered on Feb 24, 2019
Marilyn Johnson's answer
You need to file a Petition to Terminate Child Support. This should have been included in your Petition to Modify Custody.
You need to file a Petition to Terminate Child Support. This should have been included in your Petition to Modify Custody.
Q: Can I start a child support claim if I already pay child support on another child from a previous relationship?
1 Answer
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in
Child Custody, Child Support and Family Law
for
Illinois
on
Answered on Feb 20, 2019
Answered on Feb 20, 2019
Q: My husband and I want to move to Texas to better our situation but, sons father owes 3,000 childsupport, can I take him?
1 Answer
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Family Law, Child Custody and Child Support
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Illinois
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Answered on Feb 8, 2019
Answered on Feb 8, 2019
James G. Ahlberg's answer
You need permission from the court to move your child out-of-state. There are a number of legal hoops to jump through and numerous things the judge needs to consider. Contact an attorney to get this done -- it is not something most people will succeed in doing on their own.
You need permission from the court to move your child out-of-state. There are a number of legal hoops to jump through and numerous things the judge needs to consider. Contact an attorney to get this done -- it is not something most people will succeed in doing on their own.
Q: Specifically, if I've never reported his extensive abuse, it's not well documented, is it still important to bring up?
1 Answer
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in
Family Law, Child Custody and Domestic Violence
for
Illinois
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Marilyn Johnson's answer
You absolutely should present to the court any and all incidents of abuse even if they have been previously unreported and undocumented. The court will then weigh the presented evidence and rule accordingly.
You absolutely should present to the court any and all incidents of abuse even if they have been previously unreported and undocumented. The court will then weigh the presented evidence and rule accordingly.
Q: I live in Illinois. I never married my child’s father. We recently split up. There is no court ordered visitation yet.
James G. Ahlberg's answer
Assuming you both live in Illinois, your rights and his rights are exactly the same until a court determines what to do. Let your lawyer know what is going on ASAP.
Assuming you both live in Illinois, your rights and his rights are exactly the same until a court determines what to do. Let your lawyer know what is going on ASAP.
Q: My step children were taken away from their mother by DCFS. The mother has not stopped the child support what do we do?
2 Answers
| Asked
in
Family Law, Child Custody and Child Support
for
Illinois
on
Answered on Jan 17, 2019
Answered on Jan 17, 2019
Ray Choudhry's answer
You need to go to court to get a revised parenting plan and ask that child support stop.
You might even be entitled to collect child support from her.
You need to go to court to get a revised parenting plan and ask that child support stop.
You might even be entitled to collect child support from her.
Q: How do I request my ex completes rehab or an alcohol treatment program & get supervised visits until he's paying support
1 Answer
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in
Family Law, Child Custody and Child Support
for
Illinois
on
Answered on Dec 26, 2018
Answered on Dec 26, 2018
James G. Ahlberg's answer
The best advice I can give you is to hire a lawyer to get as much of this done as you can. If you can't afford a lawyer, check out local legal aid programs.
The best advice I can give you is to hire a lawyer to get as much of this done as you can. If you can't afford a lawyer, check out local legal aid programs.
Q: Is there a way to claim one of my kids through the Courthouse even while being on child support?
Ray Choudhry's answer
Awarding exemptions is part of divorce and paternity proceedings.
A lot of factors are taken into account.
Income of the parties and the Parenting Plan are the most important.
File a Petition for Allocation of Exemptions.
Awarding exemptions is part of divorce and paternity proceedings.
A lot of factors are taken into account.
Income of the parties and the Parenting Plan are the most important.
File a Petition for Allocation of Exemptions.
Q: Is child custody determined before a divorce can be finalized?
Ray Choudhry's answer
Illinois no longer has custody and visitation.
Instead, it has parenting plans. These are for both divorce and paternity cases. They can even be used in Order of Protection Cases.
If there are children in a marriage, they are the most important part of the divorce.
It is highly unlikely that a court would grant a divorce without a parenting plan in place.
The usual rule is that the parties try to come to an agreed parenting plan. If they can't, the court will...
Illinois no longer has custody and visitation.
Instead, it has parenting plans. These are for both divorce and paternity cases. They can even be used in Order of Protection Cases.
If there are children in a marriage, they are the most important part of the divorce.
It is highly unlikely that a court would grant a divorce without a parenting plan in place.
The usual rule is that the parties try to come to an agreed parenting plan. If they can't, the court will...
Q: When recieving child support, what does the provide the child? Such as food? Clothes?
James G. Ahlberg's answer
Child support can be used for almost anything. Car payments? Sure, you've got to get around. Gas or repairs for the car? Same thing. Rent or a mortgage payment? You've got to have a roof over your head. Food? Yes. Phone bills, water, heat for the house or apartment, garbage removal, Internet, cable TV (or dish)? All of these are legitimate things to spend child support on, along with countless others.
Child support can be used for almost anything. Car payments? Sure, you've got to get around. Gas or repairs for the car? Same thing. Rent or a mortgage payment? You've got to have a roof over your head. Food? Yes. Phone bills, water, heat for the house or apartment, garbage removal, Internet, cable TV (or dish)? All of these are legitimate things to spend child support on, along with countless others.
Q: My ex is in jail, can I revoke any custody to the kids?
James G. Ahlberg's answer
Any action changing parenting time (formerly called custody and visitation) must be taken by a court. If your question is whether you are likely to win if you try to terminate your ex's rights to see the children, the answer depends on too many factors to list here. You need to know that Illinois courts tend to avoid terminating a parent's involvement with his or her children if possible, though it does happen at times. I encourage you to make an appointment to see a lawyer who can thoroughly...
Any action changing parenting time (formerly called custody and visitation) must be taken by a court. If your question is whether you are likely to win if you try to terminate your ex's rights to see the children, the answer depends on too many factors to list here. You need to know that Illinois courts tend to avoid terminating a parent's involvement with his or her children if possible, though it does happen at times. I encourage you to make an appointment to see a lawyer who can thoroughly...
Q: My son's father wants 50% custody but my son will be spending 90% of his dad's days with his step mom
James G. Ahlberg's answer
Due to recent changes in state law, you and your ex-husband will be expected to propose how much parenting time each of you gets and when it will be (Illinois has done away with the terms "custody" and "visitation"). It will be important for you to emphasize that the term "parenting time" means just what it sounds like -- it is time for a parent to spend time with the child. The term doesn't mean storing the child with someone else the vast majority of the time. Discuss this with your lawyer....
Due to recent changes in state law, you and your ex-husband will be expected to propose how much parenting time each of you gets and when it will be (Illinois has done away with the terms "custody" and "visitation"). It will be important for you to emphasize that the term "parenting time" means just what it sounds like -- it is time for a parent to spend time with the child. The term doesn't mean storing the child with someone else the vast majority of the time. Discuss this with your lawyer....
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