If the statements were made under oath, the persons making same could be charged with perjury. However, if they make same in dcfs reports or some such thing, they are not under oath and many things are a matter of opinion.
In Illinois, the procedure for e-filing your petition for custody and requesting a fee waiver can vary depending on the specific court and its electronic filing system. Some courts may allow you to e-file both your petition and fee waiver request together as part of a single submission, while...View More
In Illinois, submitting an appearance form is a critical step in legal proceedings, especially for matters like child custody. When both parties sign this form, it signals your active participation in the case. The exact process may vary depending on the court and local rules. Generally, you should...View More
In Illinois, a summons is typically not required when both parties are in agreement and are voluntarily submitting a parenting plan for approval by the court. If you and the other parent have mutually agreed upon a 50/50 parenting plan and are seeking court approval for it, you would typically file...View More
In Illinois, there isn't a specific statute of limitations for being served with a petition for plenary guardianship. The process for serving legal documents, including petitions for guardianship, is governed by the Illinois Code of Civil Procedure and the rules of civil procedure....View More
There is something your daughter can do: She has to take the father to court and ask that he be held in contempt for not abiding by the terms of the parenting time (formerly known as custody) order. I encourage her to hire an attorney to do this for her so it gets done correctly. If the father is...View More
After marriage you and your new husband can file a petition for adoption of the child. Do NOT try this on your own -- there are too many opportunities to do it incorrectly and the stakes are too high! Hire an attorney who does adoptions and let him or her make sure all the details are handled...View More
He has texted me threats before my child was born on taking the child and sending his lawyers after me i never got calls from anyone but he never showed up kept lying and all of a sudden hes trying to take my child away he moved with his new child and his wife he cheated on what do i do
What you do is go see a lawyer as quickly as you can. Do it Monday, if possible. File a paternity case asking that he be named the father, that the court order him to pay you child support, and that the court establish parenting time (formerly known as custody). Until this process is started, each...View More
My sons father has been banned from talking to me,(by his girlfriend) he only wants to communicate with my parents for our child. My parents rather not be involved. Since they are not my sons parents. what should I do?
If neither you nor your parents want communication to be routed through them, they should refuse. They can just hang up when your son's father calls, and refuse to respond to text messages, emails and the like. I'd encourage them to not respond at all except to his very first contact,...View More
Assuming you are legally an adult (18 years old or more) you need to petition the local circuit court for guardianship of your brother. Your best bet is to contact a lawyer who practices family law (try Googling the term "custody lawyer" or "guardianship lawyer" to find one near...View More
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... View More
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....View More
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,...View 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.
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...View 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... View More
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...View 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... View More
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... View More
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