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Illinois Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: He has told my other son's father that all he had to do was spend a lot of money on a good lawyer an

And this lawyer will have him walking away only paying me 20 per month with joint custody

Cheryl Powell
Cheryl Powell answered on Aug 4, 2020

Yes, a lot of people tell others things like that. I do not know the circumstances of your case but things like that are usually b.s.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: My child is 7 years old his father and I were never married and we separated for years ago due to him lying and cheating

I recently filed for cash assistance which of course now they're taking him to court for child support rumor has it he's going to fight me and try to get custody of our son what is the likeliness of him gaining custody. I have record of several times he did not show up for his weekends to... Read more »

Cheryl Powell
Cheryl Powell answered on Aug 4, 2020

The primary caretaker of the chil is usually awarded the most parenting time. He will get some parenting time if he requests it.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Illinois on
Q: if a 40 year old man impregnated a 13 year old and she gave birth to that baby and no one else knows what would happen?

The man (40) is the child’s (13) mother’s boyfriend (my father)

Cheryl Powell
Cheryl Powell answered on Jul 30, 2020

No one else knows??? The baby will be born in a hospital. Everyone will know. It will be questioned. The mother is probably on a medicaid card.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: My daughters mother will not let me see my child unless I pay her. We have no court order and she wouldn’t let me sign

The birth certificate. Does she have a right to keep my child away from me? She won’t even let me speak to her on the phone. I don’t have a lot of money. What’s my best course of action, for getting custody/visitation, and getting my name on the birth certificate. I live in Will County, Illinois.

Cheryl Powell
Cheryl Powell answered on Jul 28, 2020

You need to file a parentage action in Will County. First you have to establish that you are the father, before you have any right to custody or visitation, now called parenting rights and responsibilities. So yes, until you are established, she has the right to keep your child away from you.... Read more »

2 Answers | Asked in Family Law, Divorce, Child Custody and Domestic Violence for Illinois on
Q: Mentally unstable wife takes children from father at 4am and is now refusing to let him see them.

-She has a record of being hospitalized.

-when she left, she took the kids, took things, broke things, and had guys with her that hit Husband with the car.

-the kids are 1 yo and 2 yo. They were off of formula and now she's put them back on it. They're at her... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 28, 2020

If the father has filed for divorce, he should have his own lawyer. He needs to talk to his lawyer asap. He may also need a lawyer in MI now.

In addition, if the children were present when the mother had someone try to run the father over, dcfs should have been contacted. Also dcfs in mi...
Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: serving a filed motion

If a person files a motion pro se to suspend parenting time, are they obligated to serve the opposing party? What if the opposing party doesn’t find out about the motion until after the order has been granted?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 25, 2020

Proper service of the Motion MUST be given to the opposing party. It is unlikely that the judge would enter an Order without evidence of the necessary Notice that should have been given. If an Order does get entered, and the other party doesn't find out about it until afterwards, he or she can... Read more »

3 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Can my income (I'm the stepmom) cause my husbands child support to increase? Can we file for every other weekend ?

My husband pays his child support in time and doesn't own any back pay. But the children's mother demands more money from him, since we just got married last year. We have a 5 month old baby together and he has 4 kids with his ex (they were never married). But now he has another... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

Yes, a spouse's income is related to the standard of living that the child would have enjoyed had the marriage remained intact. The father has more money to contribute. More money is available to him, he can have nicer things because he married and has a 2 income family.

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Our parental order states that w must respond to all requests within 48 hours. My ex sent a message that stated the date

school starts and when the school schedule starts(parental school schedule). Our school schedule is outlined in our court order so I didn't see the message as a request but a failure on my exs part to read the order, based off past messages. This is the message: " x's school starts... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 22, 2020

Let's just speak English and talk about the dispute.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: I need to find a pro bono attorney for a grandmother/grandson custody issue in Iroquois Co. IL.

My grandson has been with me for 16 years, (that is his age as well). His father is out of the picture. His birth mother, in another county has began seeing him more over this summer. She now wants him to live there. She has not given one dime in child support, or done anything to help with him in... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 21, 2020

Contact Prairie State Legal Services and see if they are willing to help you.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: How hard would it be to get shared custody ?

my first partner and I had a child and we broke up and I never saw the kid again. She told me to at say away so I did.

I got with my second partner and had 2 kids. She now won't let me see them. I want to get shared custody. I am better now days, I got married and staying out of... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 21, 2020

If you want shared with any of your children, the first one included, you should hire a lawyer to file cases so you can at least get started with visitation of them. You are not precluded from visiting any of your children because you have not seen them in the past or because you served jail time... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: Can anyone help me with legal advice for child custody concern because of covid and school?

My ex husband and I divorced in 2018 in state of Missouri. Shortly after divorce I moved to Illinois with current fiancé. We share 50/50 physical and sole custody. Two children, boy(5) girl(3) both was enrolled in school in Illinois. Son attended pre-k last school year. Daughter attended 0-3 at... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 21, 2020

If you have joint decision making and he does not want them to attend school, your agreement should state that you go to mediation. At mediation, you decide whether or not you agree. If you do not reach an agreement at mediation, he has the right to ask you to go to court.

2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: How hard is it to get full custody as a dad?

The mother of my kids doesn't let me get share custody. Now she has blocked me and my wife and can't get in contact with her or my kids. Im tired of this. I just want shared custody over my kids. My kids have mentioned to me that want to live with me? Does it help if I file for custody... Read more »

George W. Svoboda
George W. Svoboda answered on Jul 21, 2020

Getting full custody may be difficult. The mother has rights too, unless she is abusive or neglectful. The children's wishes may be taken into account depending on their ages. Remember, they probably say different things to each parent. That is typical survival behavior. They want to please... Read more »

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2 Answers | Asked in Family Law and Child Custody for Illinois on
Q: Are both my parents responsible for helping me pay for college? I'm hoping to get scholarships and grants but

my mom told me dad has to pay half my college education but they have no agreement for college. Something about going to mediation if the three of us can't agree.

George W. Svoboda
George W. Svoboda answered on Jul 20, 2020

There is no right to college in Illinois and there is no law that states that your parents need to pay for your college. You will be an adult when you go to college. Your parents are only responsible for you at that point if they choose to be. This becomes tricky for a college student if their... Read more »

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I’m Lilli’s stepfather, her mother lives with me. Sorry for the confusion
George W. Svoboda
George W. Svoboda answered on Jul 20, 2020

Ahh, OK. There are two types of custody, legal custody and physical custody. I understand that the mother and father have joint legal custody in California. Physical custody is still being decided, but it seems that Lilli's mother has temporary physical custody. This is really a California law... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Do I have to send my 15 year old back to California if she doesn’t want to go? We live in IL and she wants to stay.

Her mom currently has an open case in California where she has joint custody of Lilli but he is the primary. Lilli wants to live here in Illinois with us now and her father is demanding she return even though she doesn’t want to go back. He’s told her multiple times she could live here and... Read more »

George W. Svoboda
George W. Svoboda answered on Jul 20, 2020

You don't state what your relationship is to this child. Her parents have legal custody. They have a right to have her returned to them in California. Lilli is not old enough to be declared an emancipated minor in IL. If you don't comply with the parents' wishes, they could sue you... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I will be 17 my first year in college. Do I have to follow a parental schedule if I didn't agree.

I will be graduating HS a year early and will turn 17 first quarter in College; out of state. Do I have to follow a parental plan if I didn't agree? If I visit one parent and not the other on breaks can the parent get in trouble?

Cheryl Powell
Cheryl Powell answered on Jul 15, 2020

Visitation, or parenting time, is determined between your parents. They should have a court order specifying transportation, etc. and everyone goes by the court order. If anyone, including you, does not want to abide by the terms of the court order, there should be a family meeting where it is... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: If my ex purchases a car for our child without talking to me, am I obligated to pay half the vehicle fees and insurance?

Parental agreement doesn't cover drivers license or car insurance. No child support but we are suppose to pay 50/50 of medical, school and extra-curricular activities.

Cheryl Powell
Cheryl Powell answered on Jul 15, 2020

No, you are not obligated because no child NEEDS a car. However, typically in these situations, the child holds it against the parent that will not help them pay for the car. Sometimes it helps to help them get a car, say you will help them pay for it if they can't but make sure they are... Read more »

1 Answer | Asked in Child Custody and Civil Rights for Illinois on
Q: Can I legally leave home at 17 without being emancipated in Illinois?
Cheryl Powell
Cheryl Powell answered on Jul 5, 2020

No. You have no authority to rent, buy a car, or do anything but work. Anyone who harbors you can be charged with harboring a runaway.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What kind of petition do we fill out to stop his ex from using a different last name for his kids?

His ex wife has been using her new married name on one of the child’s sports related stuff like rosters and cell service phone cases, game controllers and school stuff sometimes

Cheryl Powell
Cheryl Powell answered on Jul 5, 2020

This would be a miscellaneous relief case, temporary restraining order, and preliminary injunction. It is not a form.

I would suggest that she is doing this to aggravate him. It may also be if he is at a letter closer to the top of the alphabet with stepdad's name.

They have...
Read more »

2 Answers | Asked in Child Custody and Divorce for Illinois on
Q: Son is needing a divorce. Child born during separation. He was told he would have to wait till child turned six months

He has yet to be allowed to see child. Child and estranged spouse live In Indiana Son lives in Illinois.

James G. Ahlberg
James G. Ahlberg answered on Jun 23, 2020

Your son (not you on his behalf) should speak to a lawyer as quickly as possible.

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