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If a person files a motion pro se to suspend parenting time, are they obligated to serve the opposing party? What if the opposing party doesn’t find out about the motion until after the order has been granted?
answered on Jul 25, 2020
Proper service of the Motion MUST be given to the opposing party. It is unlikely that the judge would enter an Order without evidence of the necessary Notice that should have been given. If an Order does get entered, and the other party doesn't find out about it until afterwards, he or she can... View More 
My husband pays his child support in time and doesn't own any back pay. But the children's mother demands more money from him, since we just got married last year. We have a 5 month old baby together and he has 4 kids with his ex (they were never married). But now he has another... View More
answered on Jul 25, 2020
Yes, a spouse's income is related to the standard of living that the child would have enjoyed had the marriage remained intact. The father has more money to contribute. More money is available to him, he can have nicer things because he married and has a 2 income family.
school starts and when the school schedule starts(parental school schedule). Our school schedule is outlined in our court order so I didn't see the message as a request but a failure on my exs part to read the order, based off past messages. This is the message: " x's school starts... View More
My grandson has been with me for 16 years, (that is his age as well). His father is out of the picture. His birth mother, in another county has began seeing him more over this summer. She now wants him to live there. She has not given one dime in child support, or done anything to help with him in... View More
answered on Jul 21, 2020
Contact Prairie State Legal Services and see if they are willing to help you.
my first partner and I had a child and we broke up and I never saw the kid again. She told me to at say away so I did.
I got with my second partner and had 2 kids. She now won't let me see them. I want to get shared custody. I am better now days, I got married and staying out of... View More
answered on Jul 21, 2020
If you want shared with any of your children, the first one included, you should hire a lawyer to file cases so you can at least get started with visitation of them. You are not precluded from visiting any of your children because you have not seen them in the past or because you served jail time... View More
My ex husband and I divorced in 2018 in state of Missouri. Shortly after divorce I moved to Illinois with current fiancé. We share 50/50 physical and sole custody. Two children, boy(5) girl(3) both was enrolled in school in Illinois. Son attended pre-k last school year. Daughter attended 0-3 at... View More
answered on Jul 21, 2020
If you have joint decision making and he does not want them to attend school, your agreement should state that you go to mediation. At mediation, you decide whether or not you agree. If you do not reach an agreement at mediation, he has the right to ask you to go to court.
The mother of my kids doesn't let me get share custody. Now she has blocked me and my wife and can't get in contact with her or my kids. Im tired of this. I just want shared custody over my kids. My kids have mentioned to me that want to live with me? Does it help if I file for custody... View More
answered on Jul 21, 2020
Getting full custody may be difficult. The mother has rights too, unless she is abusive or neglectful. The children's wishes may be taken into account depending on their ages. Remember, they probably say different things to each parent. That is typical survival behavior. They want to please... View More
my mom told me dad has to pay half my college education but they have no agreement for college. Something about going to mediation if the three of us can't agree.
answered on Jul 20, 2020
There is no right to college in Illinois and there is no law that states that your parents need to pay for your college. You will be an adult when you go to college. Your parents are only responsible for you at that point if they choose to be. This becomes tricky for a college student if their... View More
answered on Jul 20, 2020
Ahh, OK. There are two types of custody, legal custody and physical custody. I understand that the mother and father have joint legal custody in California. Physical custody is still being decided, but it seems that Lilli's mother has temporary physical custody. This is really a California law... View More
Her mom currently has an open case in California where she has joint custody of Lilli but he is the primary. Lilli wants to live here in Illinois with us now and her father is demanding she return even though she doesn’t want to go back. He’s told her multiple times she could live here and... View More
answered on Jul 20, 2020
You don't state what your relationship is to this child. Her parents have legal custody. They have a right to have her returned to them in California. Lilli is not old enough to be declared an emancipated minor in IL. If you don't comply with the parents' wishes, they could sue you... View More
I will be graduating HS a year early and will turn 17 first quarter in College; out of state. Do I have to follow a parental plan if I didn't agree? If I visit one parent and not the other on breaks can the parent get in trouble?
answered on Jul 15, 2020
Visitation, or parenting time, is determined between your parents. They should have a court order specifying transportation, etc. and everyone goes by the court order. If anyone, including you, does not want to abide by the terms of the court order, there should be a family meeting where it is... View More
Parental agreement doesn't cover drivers license or car insurance. No child support but we are suppose to pay 50/50 of medical, school and extra-curricular activities.
answered on Jul 15, 2020
No, you are not obligated because no child NEEDS a car. However, typically in these situations, the child holds it against the parent that will not help them pay for the car. Sometimes it helps to help them get a car, say you will help them pay for it if they can't but make sure they are... View More
answered on Jul 5, 2020
No. You have no authority to rent, buy a car, or do anything but work. Anyone who harbors you can be charged with harboring a runaway.
His ex wife has been using her new married name on one of the child’s sports related stuff like rosters and cell service phone cases, game controllers and school stuff sometimes
answered on Jul 5, 2020
This would be a miscellaneous relief case, temporary restraining order, and preliminary injunction. It is not a form.
I would suggest that she is doing this to aggravate him. It may also be if he is at a letter closer to the top of the alphabet with stepdad's name.
They have... View More
He has yet to be allowed to see child. Child and estranged spouse live In Indiana Son lives in Illinois.
answered on Jun 23, 2020
Your son (not you on his behalf) should speak to a lawyer as quickly as possible.
We divorced in 2010 and he received custody of the kids. We have since gotten back together and remarried. Did the original decree become null and void when we remarried? If we get divorced again will it take effect or will a new one be in place?
This was a few months ago and I lived in my own place. I have no history of abuse or records. Will this affect my mothers ability to get custody of my brother? We have all of the evidence of him being abusive and I always take care of my brother. He’s going to try and make it seem like my mother... View More
answered on Jun 19, 2020
It does not matter what you chose to do when you were an adult on your own.
answered on Jun 9, 2020
I would start with the police. Depending on the situation, he could be charged with child kidnapping. If there is no court order, the mother needs to hire a lawyer and get one.
Yes, I'm currently going through a rough time in life right now, my girlfriend lives with her parents with our kids and I live with my parents. As of right now her parents try to get me in trouble anyway possible they even have the police fallow me thru town when I go to pick up.my kids. As of... View More
answered on Jun 6, 2020
Absolutely! If you signed the birth certificates, you need to go to court to get visitation established. If not, you will need to establish paternty first and, if contested, you will need dna tests. $650 for first kid, not sure about how much per kid after that.
I want solid answers, If I go live with a trusted relative who keeps quiet will they get in trouble? I wouldn't tell anyone where I'd go, I just need to know what would happen to those people. Also if I have a job and police or my parents confront me there would they be able to take me... View More
answered on Jun 2, 2020
Yes, anyone helping you can be charged with a felony for harboring a runaway.
Your parents have complete authority and control over you. As a practical matter, if the police find you and you are not suspected of a crime, you would be taken to the police station. Your parents would be... View More
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