Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Illinois Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Illinois on
Q: I wanted to know if I can file a child custody petition from Illinois for children that live in Arizona
James G. Ahlberg
James G. Ahlberg
answered on Aug 23, 2018

Probably not, unless the children have already been made subject to the jurisdiction of the courts of Illinois. This may have happened if an Illinois court has issued a ruling on custody of the children, for example. It is likely that if an Illinois court ever exercised jurisdiction over the... View More

1 Answer | Asked in Child Custody for Illinois on
Q: want to get custody of my daughter never married the mother but have lived with them since birth of daughter.

going today to get a restring order against the mother today

what can I do

Ray Choudhry
Ray Choudhry
answered on Aug 21, 2018

You need to establish paternity through a parentage proceeding in court.

Sometimes this is called reverse paternity when the father does it.

After you are established as the father, the court will hand down a parenting plan.

This used to be called custody/visitation order.

1 Answer | Asked in Adoption, Child Custody and Child Support for Illinois on
Q: even though I don't want to do this, how would I go about giving up my rights and not have to pay child support.

My sons last name was changed in July of last yr. I told the judge only way I would allow it is if his step father adopted my son and asked if I could give up rights n paying child support n the judge just granted name change. I never wanted out of my sons life and was willing to work with them but... View More

Ray Choudhry
Ray Choudhry
answered on Aug 13, 2018

You can't force her husband to adopt.

So, you are stuck.

But, you can assert your rights to be more involved with your child.

If you stay with it, you will get a court hearing.

1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: I got married and what is the protocol to relocate with my kids from my exhusband?

I got married. But I have three kids from previous marriage. What is the protocol to relocate? Can I move with my kids with my new husband? Can the court separate my husband and I if my kids father object the relocation? He has a family of his own as well. I am the custodian and its a joint... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Aug 13, 2018

Until a lawyer gets to know ALL of the facts of your situation, it is next to impossible to answer your question responsibly. Offhand, however, and based on the scant info you provided, I would say your chances are slim. You don't get an automatic right to move with your new husband. The... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Is it illegal for my ex to move my children out of state without my permission

She moved them to Minnesota in 2014 without my permission. But now is wanting child support. But I cant even see my children she has been keeping them from me.

James G. Ahlberg
James G. Ahlberg
answered on Aug 6, 2018

She needs permission from either or the court. The time to raise your objection was four years ago, however. It all depends on the exact facts and circumstances as well as the judge who hears the matter, but most judges are going to be reluctant to drag kids back after they've been in their... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: My 14 year old daughter wants to live back with me (Mom) but dad won’t allow it. We’ve already had nasty custody battles

There’s no physical abuse at either Home. She just wants to return to living with me. She lived with me after divorce age 3, I had residential custody. We had that changed in court 5 years ago at her request because she wanted to spend more time with him. Now we’ve been battling to switch back... View More

Ray Choudhry
Ray Choudhry
answered on Aug 5, 2018

You will have to file a petition to request a change in the parenting plan.

Both of you get a chance to tell the judge why it should change or stay the same.

The judge might even listen to what the daughter has to say in chambers.

If you think GAL may not be impartial, you...
View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My husband got summons to court he found out he has a little boy and he is a ward of the court. What will happen

He was with his mother at the time .we don't know what to expect.

Ray Choudhry
Ray Choudhry
answered on Aug 5, 2018

Lots of things can happen.

The child could be placed with the father.

If not, there is the question of child support.

1 Answer | Asked in Child Custody for Illinois on
Q: I have one biological son and one that is not biologically mine but I had signed a VAP for. Can I do visitation for my

Biological son but not the other? I don’t wish to see the kid that is not biologically mine

Ray Choudhry
Ray Choudhry
answered on Jul 20, 2018

When you signed the VAP you became the father.

The court decides on the visitation.

The mother may argue that one child should not be favored.

1 Answer | Asked in Child Custody for Illinois on
Q: i am trying to get custody of my son but the problem is my address on my id is my mailing address

And i live in a diffrent address

James G. Ahlberg
James G. Ahlberg
answered on Jul 20, 2018

If the form asks for your mailing address you don't have a problem. If the form asks for your residential address, put it down. If the form permits you to list both, list both. If you're unsure what to do, ask whoever supplied whatever form you're filling out which address to use.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What right does the father have to his child? Mother&Father lives 1/2 blk frm each other.Can the father fight 4 50%cust?

Father has visitation rights now, but would like more time. Mother try to keep child away from father. Won't let father pick up child until she is ready to let him go. Visitation time are in the visitation schedule signed by Judge; again it does not matter to mother.

Ray Choudhry
Ray Choudhry
answered on Jul 18, 2018

If the mother does not comply with the court order, the remedy is to take her to court for contempt.

If he can show that it is in child's best interests, father may request a new parenting plan which gives him more parenting time.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Can I deny visitation due to bed bug infestation. Child have hundreds of bites when they come back from father's home
Ray Choudhry
Ray Choudhry
answered on Jul 17, 2018

The procedure is to ask the court to terminate or modify father's parenting time until the matter is resolved.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My daughter is 15 and wants to live with her father who is my ex. I am ok with it. What is the process to it?
James G. Ahlberg
James G. Ahlberg
answered on Jul 11, 2018

One of you ought to hire a lawyer to draw up an Agreed Order which you can both sign to indicate your agreement, then have the lawyer submit it to the court for approval.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: what’s rights do unwed( and not listed) biological fathers have in Illinois regarding their children?

My son is almost four, his bio dad is not listed on his birth certificate and we were never married. I was a stay at home mother for 3 years until bio dad became abusive. After an incident I left state to live with my parents. He sent some money here and there but has no contact with my son. And I... View More

James G. Ahlberg
James G. Ahlberg
answered on Jul 11, 2018

Contact a family law attorney in Minnesota, since that is where you and your child live now. If you have a choice between fighting in your backyard or the other side's backyard, always choose your own backyard.

1 Answer | Asked in Child Support, Divorce, Family Law and Child Custody for Illinois on
Q: Divorced 5 years ago in Illinois Havent received child support in that time. I want to move out of state.

I have sole custody. However I am not allowed to move out of state.(want to move to Iowa. 60 miles away. My ex refuses to even attempt to get a job to help pay for our son. What are my options?

J. Richard Kulerski
J. Richard Kulerski
answered on Jul 10, 2018

File a two count post judgment petition in the county where you were divorced. The first petition is for removal of the child to another state. You can move up to 50 miles legally, and the judge is not likely to rule against you because of the extra 10 miles. The second petition is for contempt... View More

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: my niece (by marriage) is still paying child support, to her ex-husband, for her son, who has been living with her, in

her home, for the last four years. she does not know who to speak with, in order to get it stopped. i told her i would try to get information, for her, to help her. Thank You

Ray Choudhry
Ray Choudhry
answered on Jul 5, 2018

She needs to hire an attorney to go into the divorce court to stop it.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Mother of my daughter plans to leave the state. I don't want my daughter to leave. I pay child support, if that helps.

I pay child support. We never went to court, we made a verbal agreement on my visitation time. My daughter is 7, and I have been an active dad since the day she was born. Now her mom says she plans to leave the state. I don't want this to happen as I love my daughter and need to see her.

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

You have two options.

1. Hire a lawyer and go to court to establish paternity, support and parenting time. Doing so means she must either get your permission to move the child out of state or she must get a court order allowing her to do so.

2. Do nothing and let her go.

That's it. Two options.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Illinois on
Q: I have an 8 month old child and the grandmother is going for guardianship. The father of my baby and her son passed away

I am working with DCFS past 6 months cause his mother said the baby was born with drugs in his system. I have seen no paperwork on this. No one said anything to me at time of delivery. What are my chance of her getting the baby also I am staying with family since he died because he was the sole... View More

James G. Ahlberg
James G. Ahlberg
answered on Jun 14, 2018

If the grandmother is telling you she's going for guardianship but you haven't been served with a Summons and other paperwork from the court, ignore her because she's bluffing, especially if she tells you this frequently. In my experience, people who say things like that don't... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Are temporary orders dismissed in a custody case if the case is dropped by petitioner?

Non married parents in custody case in Illinois had a temporary order for parenting time and temporary order for child support payment. The petitioner has dismissed the case completely. I know the temporary order for support was dropped by judge. Is the parenting time temp order dismissed when case... View More

Mrs. Lucinda D. Bugden
Mrs. Lucinda D. Bugden
answered on Jun 14, 2018

Any Orders signed by a judge remain valid unless the case is "dismissed" or "vacated" by a subsequent order. But if an order was entered and the people in the case, "the parties," just stopped coming to court, the case is still alive and therefore any orders entered in that case remain valid.

1 Answer | Asked in Child Custody for Illinois on
Q: If my child mother left the state leaving my son with her mother, does that give me right to custody over my son?
James G. Ahlberg
James G. Ahlberg
answered on Jun 12, 2018

That depends on whether she moved out of state or is simply on an extended visit -- and most importantly, whether the court agrees to give you custody.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Will non residential parent gain more time?

My son has residential custody of his son. He filed petition for mom to pay child support as outlined in their parenting agreement. She's never paid anything. She showed up at court late and wrote down a few sentences about her now wanting custody. Judge told her to give more info than 2... View More

James G. Ahlberg
James G. Ahlberg
answered on Jun 11, 2018

Without knowing who the judge involved is and without having practiced before that judge, and without knowing his/her perception of the mother's past history regarding this case, there is no way to answer this other than to say the mother may or may not be given more time.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.