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Illinois Child Custody Questions & Answers
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.

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.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Illinois on
Q: could we beat DCFS if disposition taken under advisement?

fighting DCFS. judge took disposition under advisement as we provided exhibits to back our testimony that caseworker had lied about having an empty file for respondent parents. Evidence given were emails from the case worker suggesting where to go for assessments, certificates of completion, drug... View More

Cheryl Powell
Cheryl Powell
answered on Oct 18, 2023

Yes. Sometimes a judge wants to make a written finding and send it to everyone in writing, sometimes they want to enable saving face for a party or a witness. Or sometimes they haven't made their mind up yet and are rethinking witness testimony. There can be a number of reasons for a judge... View More

3 Answers | Asked in Civil Litigation, Family Law, Arbitration / Mediation Law and Child Custody for Illinois on
Q: Can an agency be sued? For making untrue statements about oneself. children and grandchildren?

Paxton, Champaign and Urbana, Illinois.

Cheryl Powell
Cheryl Powell
answered on Sep 15, 2023

If the statements were made under oath, the persons making same could be charged with perjury. However, if they make same in dcfs reports or some such thing, they are not under oath and many things are a matter of opinion.

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