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Illinois Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: Is there a way to claim one of my kids through the Courthouse even while being on child support?

The main reason i ask is cause i have 2 kids from my Ex and every year she claims both of my kids and its not fair to me cause i do my half as a parent and i feel like she should claim one and i claim one...but she wont let me period. Is there a way this can be settled in court for me to get... View More

Ray Choudhry
Ray Choudhry
answered on Dec 22, 2018

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.

2 Answers | Asked in Child Custody and Divorce for Illinois on
Q: Is child custody determined before a divorce can be finalized?
Ray Choudhry
Ray Choudhry
answered on Dec 18, 2018

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...
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1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: When recieving child support, what does the provide the child? Such as food? Clothes?

I am 16 and my mother who recieves child support expects me to pay for clothes and food al of a sudden even though she gets paid child support every month.

James G. Ahlberg
James G. Ahlberg
answered on Dec 4, 2018

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,... View More

1 Answer | Asked in Child Custody for Illinois on
Q: My ex is in jail, can I revoke any custody to the kids?
James G. Ahlberg
James G. Ahlberg
answered on Nov 30, 2018

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... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My son's father wants 50% custody but my son will be spending 90% of his dad's days with his step mom

My seven yr olds father lives in Iowa and has for almost two years. His Wife and step kids live here in IL. His Wife is pushing him to get 50/50 custody. Altho I don't have a problem with his wife, I still don't feel comfortable sharing my son 50/50 when my son won't even be going... View More

James G. Ahlberg
James G. Ahlberg
answered on Nov 28, 2018

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... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: my ex and I broke up. We have two kids together. There is no custody agreement and we were never married he is in

He moved to Alabama and I live in Illinois. I ALLOWED him to take my kids for the summer. He will not bring them back and he refuses to let me.have any contact with them. He has one in school and one that is not. I want my kids back. How do I get them since they are in Alabama. They have always... View More

Marilyn  Johnson
Marilyn Johnson
answered on Nov 25, 2018

You need to file for an Emergency Order of Protection as soon as possible. You will be asking the court for physical possession of the children and that they be returned to you in Illinois.

1 Answer | Asked in Family Law, Divorce and Child Custody for Illinois on
Q: Will I finally be given a temp parenting time agreement in the course of a motion for temp assistance filed against me?

I am in an obstructionist and contentious divorce which involves a 13-month-old. This child has been unlawfully withheld from me by the petitioner for the better part of this >7-months process. After 2 lawyers, I've still accomplished nothing - the 1st lawyer nearly refused my repeated... View More

James G. Ahlberg
James G. Ahlberg
answered on Nov 24, 2018

If no one has filed a petition to determine the allocation of parenting time (formerly called custody and visitation) the judge is unlikely to enter an order. If your second attorney was retained just to change venue and is effectively out of the case now, you need another lawyer ASAP.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Illinois on
Q: Is it legal or right that because I take my case to a jury they raise it from 1 misdemeanor to 2 felonies?

The person who the domestic violence was supposedly against starts her statement saying she put her hands all over me before I reacted in any way and they refuse to do anything to her or hear anything I say

William Wolf
William Wolf
answered on Nov 18, 2018

Unfortunately, prosecutors have huge amounts of discretion on charging decisions. Their discretion is virtually unlimited. It is not uncommon for prosecutors, when a defendant refuses a plea deal, to react by raising more and more serious charges.

Hopefully, you have a good criminal...
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1 Answer | Asked in Divorce, Child Custody and Child Support for Illinois on
Q: Can respondent allocate that petitioner must remain in the current city of residence for the interest of the children

My soon to be ex has put in the allocation judgement that I must stay in my current city of residence for the best interest of the children, even though I will not be able to afford to live in the city anymore if he reduces child support. I need to know if he can do this. Currently we have stated... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Nov 16, 2018

You can move wherever you wish as long as you stay within the applicable mileage limit.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: There is a court order in place and he has kept my daughter from me for 6 years. How do I take him back to court to see
James G. Ahlberg
James G. Ahlberg
answered on Nov 7, 2018

There is no way to respond to your question without a great deal more information. Therefor, the only answer I can give is to make an appointment with a lawyer. He or she will ask you questions and gather the information needed to give you advice. Gather up all the paperwork you have on your case... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: I'm trying to find a lawyer who can get full custody of my daughter for me an also file child support against the mother

She just dropped my baby off to me..

Dean Wilhelm Taradash
PREMIUM
Dean Wilhelm Taradash
answered on Oct 24, 2018

Ok, you should consult with an attorney. Feel free to call me at 312-775-1020 so we can discuss how to best proceed.

1 Answer | Asked in Child Custody for Illinois on
Q: I am separated and my husband is telling me I can not have my kids back. Can he legally keep them from me

No legal custody has been made yet.

James G. Ahlberg
James G. Ahlberg
answered on Oct 22, 2018

Unless a court order says otherwise, parents of children have exactly the same rights. In other words his right to parenting time (formerly called custody) is the same as yours. I encourage you to find a lawyer and secure a court order determining when each of you has parenting time.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Can I ask that the non custodial parent give me one of his cars?

Child support and visits have already been established. My car broke down and I lost my job because I was commuting. The custodial parents has 4 vehicles

James G. Ahlberg
James G. Ahlberg
answered on Oct 5, 2018

You can ask for anything. What you probably can't do is get a court to order that he or she give you a car, however, unless you somehow convince the court that it is in lieu of child support for a specified period of time.

1 Answer | Asked in Child Custody for Illinois on
Q: Can I appeal a child support decision if my spouse was recently convicted of a DUI with our kid in the car?
James G. Ahlberg
James G. Ahlberg
answered on Sep 25, 2018

Whether you can appeal a child support decision has nothing to do with your spouse getting a DUI, whether the child was in the car or not. It may impact the allocation of parenting time (formerly called custody and visitation), however.

1 Answer | Asked in Child Custody for Illinois on
Q: My daughter wants to leave state before she is divorced with her 2 kids is this possible or what are the rules for this?

My daughter has been married for 7 years and my daughter wants to leave the state with their two children. I just wanted to find out what the laws pertaining to this are. She lives in Winnebago County. Can you please help me so I can help her.

James G. Ahlberg
James G. Ahlberg
answered on Sep 24, 2018

If the divorce has been filed or if a court has entered any order dealing with parentage, allocation of parenting time, custody, support or visitation, then she should not relocate without having either the permission of her husband or a court order saying she can do so. Getting either the... View More

1 Answer | Asked in Divorce and Child Custody for Illinois on
Q: I have been separated for years is it legal for me to move with my child with out the father's consent out of state?

I currently live in Illinois and my spouse lives in Missouri. I am trying to move to Alaska and I said we could split time with our son down the middle but he said no I can't go so just seeming what is legal and if I can take him.

James G. Ahlberg
James G. Ahlberg
answered on Sep 13, 2018

If by "separated" you mean legally separated by virtue of a court order, then you cannot move to Alaska without jumping through a particular set of legal hoops to get permission from your husband or the court. If by "separated" you mean you've simply not lived together and... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Relocating with in state

Currently have 2 children, i am unmarried and not with their father. I work for the state of illinois and put in a transfer to better our lives at another facility 4 hours away from my current job. Can I relocate with out the fathers permission? There are no current cases open

Cheryl Powell
Cheryl Powell
answered on Sep 12, 2018

No, under il law, u must have the father's permission or a court order.Ben

1 Answer | Asked in Divorce, Child Custody and Child Support for Illinois on
Q: My son does not want to see his dad anymore he’s 17 and will be 18 in 6 months. Is this a possible chance in court?

He doesnt want to be there another day and we have NOT settled college because he was too young at time our divorce finalized. I am assuming he’ll lose that. Main factor his dad is a drug user but hard to prove. This is an INDIANA case.

T. J. Jesky
T. J. Jesky
answered on Sep 12, 2018

Short answer: Probably.

Illinois follows the Uniform Child Custody Jurisdiction and Enforcement Act. To be most specific, in Illinois, custody is decided based on what is in the best interest of the child.

The court considers many items when making a custody decision, including:...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Ex with full decision making rights denying scheduled visitation with the father because the kids have a fever. legal?

Court ordered visitation is not being followed because the mother has the ability to make decisions in the best interest of the children’s health. Is it legal for her to deny the visitation? A day after the fever she sent the kids out of town to Branson with their grandparents. A trip she had... View More

James G. Ahlberg
James G. Ahlberg
answered on Sep 2, 2018

If the fever is genuine, yes. Under ideal circumstances the missed visitation would be made up at a later date.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Illinois on
Q: Will an injunction help me after the mother of my child filed a op against me or should I just comply with the order

She called the police on me because I would not let our son leave the house with her When Chicago pd came they witnessed her and other family members drinking and at the time, so they told us that the baby stays with me. The police did not file an actual report but did say that everything was... View More

James G. Ahlberg
James G. Ahlberg
answered on Aug 24, 2018

You're not going to get an injunction against an order of protection. I'm assuming she got an emergency order of protection against you. You must comply with it. Your chance to fight it comes at the next hearing on the order of protection (for which you should have received notice as part... View More

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