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answered on Aug 28, 2023
In Illinois, there isn't a specific statute of limitations for being served with a petition for plenary guardianship. The process for serving legal documents, including petitions for guardianship, is governed by the Illinois Code of Civil Procedure and the rules of civil procedure.... View More 
The father is uncooperative. The police at the station where the exchanges occur will not help at all. They say my daughter has to go back to court. Surly there is something we can do. Please help us
answered on Aug 25, 2023
There is something your daughter can do: She has to take the father to court and ask that he be held in contempt for not abiding by the terms of the parenting time (formerly known as custody) order. I encourage her to hire an attorney to do this for her so it gets done correctly. If the father is... View More
2/2… talked in almost 2 years since the day he was born. My now fiance, soon to be husband wants to know how to go about becoming his legal parent. How should we proceed after marriage?
answered on Aug 9, 2023
After marriage you and your new husband can file a petition for adoption of the child. Do NOT try this on your own -- there are too many opportunities to do it incorrectly and the stakes are too high! Hire an attorney who does adoptions and let him or her make sure all the details are handled... View More
He has texted me threats before my child was born on taking the child and sending his lawyers after me i never got calls from anyone but he never showed up kept lying and all of a sudden hes trying to take my child away he moved with his new child and his wife he cheated on what do i do
answered on Aug 5, 2023
What you do is go see a lawyer as quickly as you can. Do it Monday, if possible. File a paternity case asking that he be named the father, that the court order him to pay you child support, and that the court establish parenting time (formerly known as custody). Until this process is started, each... View More
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?
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
I want to see how I can filled to get his custody legally now his mother is not in the picture
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
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
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
His name is not listed on the certificate and no paternity test was ever done.
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
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.
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
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
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... View More
What can I do about this situation? I do not trust the mother to make the right decisions.
answered on Sep 7, 2022
First of all, I'm sorry you are dealing with this kind of problem. Not being able to trust your coparent to act in your child's best interests is upsetting, at best.
There is a lot of information we don't know about this situation. I would also encourage you to double-check... View More
My parents are seperated and for reasons I shall not discuss I would rather live with my dad. I dont know what needs to be done in order to move to a different state with him and have no idea how to find out due to my mom having an app on my phone that makes it so she can see everything on it. What... View More
answered on Aug 25, 2022
You'll have to talk to your father and encourage him to begin court proceedings to change parenting time (formerly known as custody) and for him to petition the court to allow you to leave the state with him. I know of no way for you to begin these proceedings on your own.
Does the affirmative defense to child abduction that " (1) the person had custody of the child pursuant to a court order granting legal custody or visitation rights that existed at the time of the alleged violation" apply if the person has partial custody of the child but detains them for... View More
answered on Aug 8, 2022
Hard to say without knowing more about the case. In any event the primary document of allocation of parental responsibilities may provide an affirmative defense to that criminal allegation.
However, if you ask that question, it seems you need a criminal attorney yesterday.
his name is in the birth certificate
answered on Apr 8, 2022
They have equal rights unless a court has issued an order specifying otherwise.
answered on Feb 10, 2022
Enforcement of a child support arrearage may be brought in the divorce court no matter how old the child(ren).
answered on Feb 4, 2022
If a child is withheld, a parent may also file to modify the child custody schedule. ... If the withholding of the child violates a court order, a parent may file for a criminal contempt against the parent who withholds the child for each instance that the child is withheld.
My now wife consulted an attorney 2 years ago in regards to different children in our family and her ex husband. Now my sons mother has retained that same attorney in a child custody’s case between me and her. Is this a conflict of interest having had given the attorney all of the family... View More
answered on Jan 26, 2022
If I understand the facts you presented, it could be a conflict of interest. You should consider filing a Motion to Disqualify the attorney and let the judge decide if there is a conflict.
the mother is in jail right now waiting a trial and then will go to prison for a while. I am his wife. We want to prove paternity and totally adopt him as OURS . But don't want him around his "mother" ever again seeing as she is so unfit. We have 4 kids of our own and a house and I... View More
answered on Jan 25, 2022
There are too many variables in your situation for a lawyer to give you solid advice on these issues without sitting down and talking to you and your husband. I encourage you to make an appointment with an attorney in your area who handles adoptions. Also, if DCFS has to due an investigation of you... View More
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