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Illinois Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What is the statue limitations on parental kidnapping?

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 »

Cheryl Powell
Cheryl Powell
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...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I have custody of my children and the mother bought my 13 year old vape and told her not to let me find out.

What can I do about this situation? I do not trust the mother to make the right decisions.

David Giffin
David Giffin
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...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I am 16 with parents who are seperated and I want to move to another state with my dad.

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 »

James G. Ahlberg
James G. Ahlberg
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.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Illinois on
Q: What if a parent refuses to surrender their child for the other parents parenting time over a lengthy course of time?

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 »

Alexander Ivakhnenko
Alexander Ivakhnenko
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.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Does the father of my child have legal parental rights over the baby, if he is still married legally to someone else?

his name is in the birth certificate

James G. Ahlberg
James G. Ahlberg
answered on May 5, 2022

Yes.

1 Answer | Asked in Child Custody for Illinois on
Q: In Illinois if two parents are not married do both have equal rights over a child or does the mother have more?
James G. Ahlberg
James G. Ahlberg
answered on Apr 8, 2022

They have equal rights unless a court has issued an order specifying otherwise.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Hello, I have I guess a question about child support back pay and who that is owed to after the child leaves the home.
J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
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).

1 Answer | Asked in Child Custody for Illinois on
Q: What happens to a parent who withholds a child from court ordered visitations?
Tamara Shari Benefield-Faulk
Tamara Shari Benefield-Faulk
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.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What is a conflict of interest between an attorney and third party?

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 »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
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.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Illinois on
Q: My husband just was told he may have a 7 year old son he didnt know about. The mother hasn't had the child for awhile.

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 »

James G. Ahlberg
James G. Ahlberg
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 »

1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: Can I sign the rights to my children over to their mother?
James G. Ahlberg
James G. Ahlberg
answered on Nov 30, 2021

No. Even if you could it would not terminate your obligation to pay support.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Illinois on
Q: Should I get another lawyer? Are there any pro bono lawyers that can help me with my case? What advice can you give me?

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 »

William Wolf
William Wolf
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...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: I left several messages and emails over 2months but my attorney hasn't contacted me. I need help. What do I do?

Her office stated they would inform her of my issues. That was a week ago.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
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...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How can I change an agreement made on record? It has no been finalized yet. We go back for finalizing June 7th.

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 »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
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 »

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: If moving to a different school district, does that violate the joint education decision part of our parenting agrement

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?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on May 10, 2021

Unless your Judgment specifically provides otherwise, you may definitely move as you described.

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Illinois on
Q: Is this a conflict of interest? Should I get a new lawyer?

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?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
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.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: I need help trying to get a divorce . I have a 9 yr old son an a house under mine and husbands name.

He will seek for full custody of my son. And will make things hard for him to sign divorce papers. I really need guidance. And and idea of how much will this cost me.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Feb 20, 2021

The best guidance I can suggest is for you to contact a local divorce lawyer, and explain ALL of the facts to him/her. You really have not provided us with enough info to assist you properly. It is not uncommon for a bully-type husband to make the threat about custody. Divorce lawyers hear this... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Illinois on
Q: I have proof of and paper documentation of all of my rights have been broken!

I have proof! I've been shut down no one will help there is plenty of paperwork and documentation. My child has been stolen. And these people falsified information and documented that these allegations were true, without investigating! Please help us!!!!

Juan Ooink
Juan Ooink
answered on Nov 12, 2020

It seems that you need to hire a Family Law Attorney right away.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Illinois on
Q: What can I do about my abusive ex lying on a OP to get custody of our 2 year old son?

My son's father abused me for 3 years I finally got away from him so He filed a Order of Protection making false claims that I physically abused our son. He did not disclose in the petition that I have had a OP on him for my kids and myself. Or that he was arrested and charged with aggravated... Read more »

Juan Ooink
Juan Ooink
answered on Nov 9, 2020

This is something you need to discuss with a Family Law Attorney right away. The sooner you hire an attorney, the better.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Illinois on
Q: will i get in trouble for Running away from a place my mom makes me live because she kicked me out

my mom kicked me out and let me live with my boyfriend and signed a paper saying his dad had custody but then she changed her mind and signed me over to my grandparents who i barley know we didnt go through anything legal it is just a paper out of a notebook saying i can live there do i have to... Read more »

Cheryl Powell
Cheryl Powell
answered on Nov 2, 2020

Legally, you are required to live wherever your parents say. No court order means nothing enforceable typically. Your parents can choose to give guardianship or to take it away. Anyone who harbors you can be charged with harboring a runaway.

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