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Illinois Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I’m needing to transfer custody of my unborn son (due date 1/26/25) to my mother.

Im needing to know what forms or steps i need to take to do this. This is a mutual agreement, all sides are in agreement to do so.

Cheryl Powell
Cheryl Powell
answered on Jan 23, 2025

It needs to be signed by the mother and the father. It is called Appointment of Short Term Guardian (google to get form) and is good for a year. No court action is required. Keep a copy for yourself that is signed.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: Cannabis use and child custody during divorce
Cheryl Powell
Cheryl Powell
answered on Dec 16, 2024

What is your question?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: My 13 year old doesnt want to see her father. He wants to stop paying child support and sign his rights over. Can he?
Brian W. Reidy
PREMIUM
Brian W. Reidy
answered on Dec 2, 2024

Not unless someone is willing to adopt the child. Parenting rights and responsibilities are not the same thing. He still has financial responsibilities to support the child even if he does not want to exercise his parenting rights to have parenting time with the child.

1 Answer | Asked in Child Custody for Illinois on
Q: Our custody agreement says that either of us can have extra parenting time as long as its prearranged and not to be

unreasonably withheld. I asked for our son this Saturday (a day early from my normal pick up) to celebrate our Thanksgiving. My ex is now trying to deny this time as retaliation because I would not acquiesce to his demands a few days ago. Do I have legal grounds to take my son if he tries to stop... View More

Cheryl Powell
Cheryl Powell
answered on Nov 29, 2024

If someone wishes to revert bank to the paper schedule, it controls. If you want to modify it, go ahead and file a modification.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Can u legally have ur child's last name changed to yours by filing it in court as an adults name change?

I have a 7 year old daughter with a man that has been in and out of her life the full 7 years mostly out of her life. At 5 months old He went to our local county courthouse and had her last name changed to his within 2 weeks and all without my consent. I recently found out he filed the name change... View More

Cheryl Powell
Cheryl Powell
answered on Nov 20, 2024

Look at the court file. Does it show that you have been served?

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: My son went to see his sister for a visit in New York without me knowing..I got emergency custody papers in the mail

I have my rights as a father and New York family Court has given custody of my minor son to his sister...I wanted to file kidnapping charges on her but the authorities won't help...my next court date is on the 10th and I'm not sure what I'm supposed to do to get my son back but... View More

Cheryl Powell
Cheryl Powell
answered on Oct 5, 2024

Your first order of business is to get a lawyer in NY to represent you. Do you have custody of the child in IL? If so, you need to get a certified copy of it and email it to your lawyer in ny.

1 Answer | Asked in Family Law, Child Custody, Gov & Administrative Law and Juvenile Law for Illinois on
Q: DCFS indicated me for husbands failed drug test, when he did not have children in his care when he tested.
Cheryl Powell
Cheryl Powell
answered on Sep 14, 2024

You need to file an appeal. You should get a letter from Springfield about it. Read your appeal rights and follow the instructions to appeal.

Then send a written request for the dcfs file for the purpose of an appeal. This is not a simple task and you should have a lawyer to represent...
View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Can I voluntarily sign my rights over to the other parent
Cheryl Powell
Cheryl Powell
answered on Sep 13, 2024

No. Not unless your rights are terminated by juvenile court or through an adoption if the other parent is remarried and wishes to adopt.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Is a g.a.l. required to produce a record or report of their findings upon request?

In Illinois 17th district, is a g.a.l. required to make a report of their findings and keep transcripts of their interviews and any other records pertaining to the case? If so, acting pro se, are they required to give them to me upon request? Is there a statute or local rule stating any of this?

Cheryl Powell
Cheryl Powell
answered on Sep 9, 2024

GAL'S usually file a written report that contains their findings and the basis of their decisions. There are no recorded tapes to transcribe. After their report is written they may destroy their notes.

1 Answer | Asked in Divorce and Child Custody for Illinois on
Q: Can my ex wife all the judge to change the wording to a motion that was granted to me while at a status hearing

Was granted a motion for reunification counseling to be ordered. At next status hearing, ex wife asked that the wording be changed from reunification counseling to family counseling. These are very different types of counseling with different objectives. Judge allowed it. Can I challenge this? I... View More

Cheryl Powell
Cheryl Powell
answered on Aug 31, 2024

The objection should have been made before he changed it. If the order was changed less than 30 days ago you can try but I don't know that it is going to get you anywhere. This is a problem if you are acting as your own lawyer.

1 Answer | Asked in Child Custody for Illinois on
Q: How would I gain joint custody of my siblings with my mother if she is willing?

I'm currently 18, however I am in the military and I've had a stable job since I was 16

Cheryl Powell
Cheryl Powell
answered on Jun 23, 2024

Usually enlisted persons cannot have any kind of authority over children. Is that not what you are being told?

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My sons dad is refusing to give our son back

We have a custody order, week on week off during the summer. His week has ended and he will not give our son back. He claims our son does not want to come back but my son says otherwise. The judge won't hear my emergency motion and even though our court order says police enforceable, they... View More

Cheryl Powell
Cheryl Powell
answered on May 31, 2024

Your court order governs. Apparently the judge didn't see this as an emergency but I hope you have a court date scheduled.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I need to obtain emergency guardianship of a 17 year old minor (my niece) in the state of Illinois. What do I do?

The child has been neglected and kicked out of the home. The parent is threatening suicide. The minor is staying with a friend. I do have texts proving the neglect.

James G. Ahlberg
James G. Ahlberg
answered on May 14, 2024

Contact an attorney practicing family law in the Illinois county in which either your niece or her parent is located. He or she can give you detailed advice based on the exact circumstances of the situation.

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.

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