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Illinois Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Is mental health of the child a consideration if a request for sole custody\change to the residential parent is made?

A temporary order was put into place to change the residence of our minor child. In this case the residential parent has majority of parenting time. Since that change the child attends therapy less (child was in therapy prior to the TO) are happier, child has reduced their anxiety and stress... View More

James G. Ahlberg
James G. Ahlberg
answered on May 10, 2019

Yes, the mental health and well-being of the child should be taken into account. Make sure your attorney has all the information available to you.

1 Answer | Asked in Child Custody for Illinois on
Q: I had to give up custody of my son to my mother 7 yrs. ago due to domestic violence. How do i get him back
Ray Choudhry
Ray Choudhry
answered on May 7, 2019

You go into the same court as gave her custody and ask the court to modify or terminate the previous order giving custody to your mother.

2 Answers | Asked in Child Custody for Illinois on
Q: so my mom had surrendered her parents rights.

but I want to know can I go and live with her because now I am 20 years old

Ray Choudhry
Ray Choudhry
answered on May 4, 2019

Unless there is something missing, of course you can.

If she gave up parental rights, she can even adopt you.

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1 Answer | Asked in Child Custody for Illinois on
Q: I want to give up my rights to my child’s father.

Do I need an attorney for a court date or can I schedule it on my own

James G. Ahlberg
James G. Ahlberg
answered on Apr 22, 2019

You can schedule a court date on your own, but paperwork must be prepared and properly served on the opposing party. You should hire an attorney. Your child's future is worth doing it right and getting the job done correctly, isn't it?

1 Answer | Asked in Child Custody for Illinois on
Q: My ex is moving to Louisiana and wants to take 1.5 year old son for 3 months out of the year. Will a judge allow this?

We are currently working on 50/50 custody at the moment but our son has been with me since birth. I live in Illinois and he would like to take our son to Louisiana for 3 months. He hasn't been consistent with his days to have him over night.

Ray Choudhry
Ray Choudhry
answered on Apr 18, 2019

If he hasn't been consistent, hard to see how judge would allow a full 3 months.

These kinds of cases are hard to predict.

1 Answer | Asked in Child Custody for Illinois on
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
Cheryl Powell
answered on Apr 16, 2019

Make sure both of u bring your financial affidavit, income taxes and last Check stub.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Can I go get my son?

His mom gave him to my sister because she couldn't handle him and he failed tgis year in school instead of giving him to us as normal. Because all is normally cordial there is no custody or court orders and never have been. I have a paternity test proving myself the father and I was told his... View More

James G. Ahlberg
James G. Ahlberg
answered on Apr 12, 2019

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... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
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
Marilyn Johnson
answered on Apr 3, 2019

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.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: I have a confusing situation and a few questions to ask.

Divorced, moved back after one year. Requested child support stopped. Caregiver, with part-time work. Children are almost 18 and 16. I have been there all along helping care for them. Recently I moved right next door and the kids are always either at my rental or their fathers next door. I work... View More

Marilyn  Johnson
Marilyn Johnson
answered on Apr 3, 2019

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... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I have a question about dcfs and my case with them.

I was clean from drug use for 1.5 years. I relapsed while pregnant. My daughter was born with heroin in her system so dcfs got involved. I not only asked for treatment while I was still in the hospital from giving birth to her and dcfs had interviewed me but when I relapsed again I asked for rehab... View More

Cheryl Powell
Cheryl Powell
answered on Mar 22, 2019

Tell ur lawyer, gal and the judge.

3 Answers | Asked in Child Custody and Divorce for Illinois on
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?

My husband and I are in good standing, but instability, physical/verbal abuse led to the separation. Due to his mental instability, I want full custody of our 1 1/2 year old son, but still want him to get some visitation rights. I'd like to use a mediator to save costs and the... View More

James G. Ahlberg
James G. Ahlberg
answered on Mar 8, 2019

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... View More

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1 Answer | Asked in Child Custody for Illinois on
Q: My husband took our children from my mothers and refuses to give them back to me. Is there anything I can do?

I am military and in the process of moving to a new location. I would like to take my children with me since their father does not work or have any support besides my income. I’m not sure if we can come up with a custody agreement or if I have to wait until I file for divorce?

Ray Choudhry
Ray Choudhry
answered on Mar 6, 2019

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...
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1 Answer | Asked in Child Custody for Illinois on
Q: My ex husband is mentally ill and I want to file for full custody of my daughter
James G. Ahlberg
James G. Ahlberg
answered on Feb 27, 2019

I have to assume your question is whether you should hire a lawyer to do this. The answer is yes.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
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?

The mother tried to move my son out of state. My son decided to live with me and has been since July 17'. I took her to court and won custody. She has not responded since my win in Sept 18'. I have paid about 20k in support while my son lives with me. Now he turns 18 in a month and... View More

Marilyn  Johnson
Marilyn Johnson
answered on Feb 24, 2019

You need to file a Petition to Terminate Child Support. This should have been included in your Petition to Modify Custody.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
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?

My sons father had my son live with him for 2 months and it went sour. His girlfriend watched our son and never packed him a lunch or took him to school some days and the school contacted me. I then got my son back. Now my husband, daughter and youngest son are moving to Texas from IL to better... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 8, 2019

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.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Illinois on
Q: Specifically, if I've never reported his extensive abuse, it's not well documented, is it still important to bring up?

Advice re: a domestically violent ex-husband who I'm attempting to get custody and approval to relocate & more importantly emergency temp custody hearing today. I have no attorney that will work with the limited income I have to help cover.

Marilyn  Johnson
Marilyn Johnson
answered on Jan 22, 2019

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.

1 Answer | Asked in Child Custody for Illinois on
Q: I live in Illinois. I never married my child’s father. We recently split up. There is no court ordered visitation yet.

He picked up our daughter for visitation & refuses to bring her home until we go to court. The police where he lives said he can legally do this. The police where I live said as her mother I have custody until he takes me to court. His name is on the birth certificate. Which is true?

James G. Ahlberg
James G. Ahlberg
answered on Jan 18, 2019

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.

2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: My step children were taken away from their mother by DCFS. The mother has not stopped the child support what do we do?

She is also still claiming them for food stamps and medicaid in Florida, which they are enrolled in school with us and are claimed for food stamps and medicaid by us in Illinois.

Ray Choudhry
Ray Choudhry
answered on Jan 17, 2019

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.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: How do I request my ex completes rehab or an alcohol treatment program & get supervised visits until he's paying support

My 2 mo old lives w/me full time. Her dad & i fight over her nonstop. He barely sees her now & isnt helping financially so im filing for support. He threatened to seek sole custody if i did file. He has a very serious alcohol addiction now. He gets violently ill after 2 days w/out alcohol.... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 26, 2018

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.

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