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Illinois Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: My sons father has been banned from talking to me, only wants to communicate with my parents for our child.

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?

James G. Ahlberg
James G. Ahlberg
answered on Jul 24, 2023

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

2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: My father had legally by court fully custody of my brother his 14 years old my father passed away two weeks ago

I want to see how I can filled to get his custody legally now his mother is not in the picture

James G. Ahlberg
James G. Ahlberg
answered on Jul 17, 2023

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

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2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: My father had legally by court fully custody of my brother his 14 years old my father passed away two weeks ago

I want to see how I can filled to get his custody legally now his mother is not in the picture

T. Augustus Claus
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answered on Jul 17, 2023

I'm sorry to hear about the passing of your father and the situation with your brother's custody.

Since your father had full legal custody of your brother, the next steps will depend on the specific circumstances and the laws in Illinois. Generally, when a custodial parent passes...
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1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: What needs to be in a letter from the other parent to consent to move their child out of state? No courts are involved

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

David Wolkowitz
David Wolkowitz
answered on Feb 18, 2023

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

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: If the father is not on the birth certificate, does he have any legal rights?

His name is not listed on the certificate and no paternity test was ever done.

James G. Ahlberg
James G. Ahlberg
answered on Jan 3, 2023

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

1 Answer | Asked in Child Custody and Tax Law for Illinois on
Q: What options do I have if my child's grandma tries to claim my son on her taxes, even if he only stayed a month with her

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.

James G. Ahlberg
James G. Ahlberg
answered on Jan 3, 2023

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

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... View 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, Child Custody and Juvenile Law for Illinois on
Q: I'm trying to gain guardianship of my grandchildren from dcfs they told me I couldn't get them but wouldn't tell me why

I watch them everyday while foster mom is at work and school so I don't understand if I can watch them all day why can't I get them out of custody makes no sense

Cheryl Powell
Cheryl Powell
answered on Apr 18, 2024

Nobody here can give you the answer because we don't know why.

Whenever I have a client with these issues they have to hire me to determine why. That's all I can tell them. Dcfs usually does tell me why but they rarely change their minds.

1 Answer | Asked in Child Custody for Illinois on
Q: My friend recently had a dcfs case against her in which her children were removed from her home.

The case has since been deemed unfounded by dcfs but her children have not been returned to her custody. Can they do this? What recourse does she have. She lives in Piatt County, Illinois.

Cheryl Powell
Cheryl Powell
answered on Apr 3, 2024

I cannot give a thoughtful answer as I do not have enough facts. She needs a lawyer who works on DCFS cases to get involved immediately.

1 Answer | Asked in Child Custody, Child Support and Divorce for Illinois on
Q: My divorce attorney is going to hire my ex wife Less than a year after my divorce is there anything wrong with this?

If I were to use him to get bring her back for custody issues would this not be some kind of client confidentiality issues?

Cheryl Powell
Cheryl Powell
answered on Mar 26, 2024

Your question is not clear. Your divorce attorney is going to hire your ex wife. For what?

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: So I have two children with my ex and he recently took me to court for visitation but he doesn’t help me financially

With them but he has a lawyer they want us to do a modification but he’s jobless and homeless at the moment and the judge just wants us to do the modification but I really don’t want him to take them because he isn’t stable what can i do because I feel like because he has a lawyer they really... View More

Cheryl Powell
Cheryl Powell
answered on Mar 26, 2024

File a response to his petition. Put your concerns in there.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Could I submit videos of assault into a pending case (custody case) against a mother? I’m a son of hers.

Hello I’m currently living in Illinois and wondered if there’s anything I can do to take away my half related brother from my mother she has half custody and is in a court battle with her biological father over the weekend she forced herself on top of me and hit me and tried removing my cellar... View More

Cheryl Powell
Cheryl Powell
answered on Mar 3, 2024

You can talk to the person who filed the case against the mother and ask if he is ok with you talking to his lawyer.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Our 15 yr old granddaugh. wants to move in with us, currently with mom. She's in Missouri we are in Illinois

There has been drug use, neglect, mental and verbal abuse. Dad not in picture, just got out of prison for domestic. Moms last boyfriend is currently in prison due to domestic. We know at 16 she can get emancipated but is there anything we can do now since she just turned 15? We thought about... View More

Cheryl Powell
Cheryl Powell
answered on Feb 19, 2024

I do not know what MO Law is. IL law requires that you sue where the child is living, so you need to hire a MO lawyer.

1 Answer | Asked in Child Custody for Illinois on
Q: I have primary custody of my child. My ex wife did not want the responsibility and was also very neglectful. However im

A soldier about to get deployed and she may try to take the child back in my absence even though she has not raised the child but I and my current wife have raised the child. Will she be able to do this permanently, temporarily just while I'm gone and then the child comes back to me or even at... View More

Cheryl Powell
Cheryl Powell
answered on Feb 15, 2024

You need to have a consultation with a lawyer asap. This forum cannot assist you with something so complicated.

1 Answer | Asked in Adoption, Child Custody and Child Support for Illinois on
Q: okay so i am 17 years old and in a very abusive group home i would lie to live in Florida with my sister

i want to do it legally without police involvement is this possible can you guys help

Cheryl Powell
Cheryl Powell
answered on Feb 13, 2024

Your sister would need to get temporary guardianship of you. This forum does not provide legal services. She would need a lawyer in the county where you reside.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Illinois on
Q: Is my ex breaking my OP?

I have an OP against my ex spouse. We have a child together. He only gets to talk to him on talking parents. He told my child that he can’t talk to him again on the required day and to tell me that I should allow him to let him talk to him at another time. Is he breaking my OP by directing my son... View More

Cheryl Powell
Cheryl Powell
answered on Jan 10, 2024

I don't know what talking parents is. But I don't believe that having child visitation by phone or explaining how yo facilitate it should be an op violation. That provision is more about using a 3rd party to send messages to you like are you willing to try to reconcile, etc.

1 Answer | Asked in Child Custody for Illinois on
Q: I have full custody of our son. Our son sees his mom every 2 weeks for sleep overs. Can I move out of state?
Cheryl Powell
Cheryl Powell
answered on Dec 31, 2023

Look at this statute. It gives you the steps you would have to follow.

750 ILCS 5/609.2

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How do I get someone to represent me in court

My ex boyfriend have a restraining order on me with my children on it that he haves no rights to I need help getting my kids back home where they are safe

Cheryl Powell
Cheryl Powell
answered on Dec 11, 2023

Call legal services in your area. Sometimes they have grants that cover this stuff.

1 Answer | Asked in Child Custody, Family Law and Personal Injury for Illinois on
Q: My mom isnt allowed to hit me (court ordered) but she did. I left home at 17 and Im staying with a friend is that legal?

My mom left bruises on me after a harsh fight, I talked with the school about what happened and the school police officer but they dont consider it abuse. However because of her previous abuse she isn't supposed to hit or lay a hand on me or my siblings. So I left the house and have been... View More

Cheryl Powell
Cheryl Powell
answered on Dec 7, 2023

You should contact DCFS and the police, tell them what you are doing and why. Dcfs has forms where your mother could sign guardianship over to another responsible adult until you are 18.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: If the father's a drug abusing, woman hitting, violent POS.. how can he have any child without having supervision?

He's been a convicted felon on drug charges, multiple times. He's got a rap sheet of more than 30 domestic violence happenings, currently has an open case pending against him for driving with no license, no insurance, wrecked the vehicle trying to escape police WHILE on meth, was charged... View More

Cheryl Powell
Cheryl Powell
answered on Nov 7, 2023

Because all of that evidence probably has not been presented to a judge. It might be because he only exercises his time when he is sober and in a good mood.

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