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Illinois Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I’m Lilli’s stepfather, her mother lives with me. Sorry for the confusion
George W. Svoboda
George W. Svoboda
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

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Do I have to send my 15 year old back to California if she doesn’t want to go? We live in IL and she wants to stay.

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

George W. Svoboda
George W. Svoboda
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

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I will be 17 my first year in college. Do I have to follow a parental schedule if I didn't agree.

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?

Cheryl Powell
Cheryl Powell
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

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: If my ex purchases a car for our child without talking to me, am I obligated to pay half the vehicle fees and insurance?

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.

Cheryl Powell
Cheryl Powell
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

1 Answer | Asked in Child Custody and Civil Rights for Illinois on
Q: Can I legally leave home at 17 without being emancipated in Illinois?
Cheryl Powell
Cheryl Powell
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.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What kind of petition do we fill out to stop his ex from using a different last name for his kids?

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

Cheryl Powell
Cheryl Powell
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...
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2 Answers | Asked in Child Custody and Divorce for Illinois on
Q: Son is needing a divorce. Child born during separation. He was told he would have to wait till child turned six months

He has yet to be allowed to see child. Child and estranged spouse live In Indiana Son lives in Illinois.

James G. Ahlberg
James G. Ahlberg
answered on Jun 23, 2020

Your son (not you on his behalf) should speak to a lawyer as quickly as possible.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: If I get remarried to my ex does the prior divorce decree become null and void or will it go into effect if we split up?

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?

J. Richard Kulerski
J. Richard Kulerski
answered on Jun 23, 2020

You will have to file for a new divorce.

1 Answer | Asked in Cannabis & Marijuana Law, Child Custody, Child Support and Divorce for Illinois on
Q: mother and step father are getting a divorce both wanr custody of my 6-year old brother. I’m 22 and did weed and acid.

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

Cheryl Powell
Cheryl Powell
answered on Jun 19, 2020

It does not matter what you chose to do when you were an adult on your own.

1 Answer | Asked in Child Custody for Illinois on
Q: Who do we contact when the father took through child and won't return or answer calls!!
Cheryl Powell
Cheryl Powell
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.

2 Answers | Asked in Family Law and Child Custody for Illinois on
Q: Yes I've been getting harassed by my girlfriend parents and the local police in her hometown

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

Cheryl Powell
Cheryl Powell
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.

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2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: What will the legal consequences be of running away at age 17, I dont care that im free at 18.

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

Cheryl Powell
Cheryl Powell
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...
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1 Answer | Asked in Child Custody for Illinois on
Q: If the mother leaves the child with the father who has no custody or for three years, can she come take the child back

Child born out of wed lock in Illinois

Cheryl Powell
Cheryl Powell
answered on May 24, 2020

Yes, she can come get the child. He needs to file for custody if there is not already a court order regarding same. He also may need to establish that he is the legal father.

1 Answer | Asked in Child Custody for Illinois on
Q: Working on a child custody case needing to file a petition I just I’m looking for direction

I’ve been trying to see my child the mother of my child will not let me in I’m taking her to court I just need to know the best way to build my case

Cheryl Powell
Cheryl Powell
answered on May 23, 2020

This forum is not designed for that purpose. Some lawyers may work with you. Call around and find one.

1 Answer | Asked in Child Custody for Illinois on
Q: My daughter who turns 17 in August is refusing to visit her father. We live in Illinois. Will she be forced to visit?
Cheryl Powell
Cheryl Powell
answered on May 13, 2020

It is your responsibility to make her available. SHE has to be the one to tell him she isn't going, not you. If you do it, you can be cited for unlawful interference with visitation.

SHE should call him in advance saying she does not want to come. If he comes anyway, he can call the...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How can I keep my daughter?

My 5 year old daughter currently resides with the man that signed her birth certificate. She is in unsafe living conditions. She constantly comes back me dirty and in dirty clothes. He has broken the signed custody agreement, on March 16th was the last time I had a visitation with my daughter.... View More

Cheryl Powell
Cheryl Powell
answered on May 10, 2020

I do not know Indiana law. However, i can advise to have the bio dad to run to a lawyer now. You are complicit in defrauding the government in lying to them about the father when you signed the voluntary acknowledgement of paternity. He is not.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Can dad give custody back to mom without paying for a lawyer or going to court?

Dad took Mom to court for custody of 15yo daughter. Mom didn't fight it, Dad got custody. Dad is an emotional abuser and it's not working out. He won't just let her go back to the mom without going to court "because he doesn't want to pay child support". Is there a way... View More

Brian W. Reidy
PREMIUM
Brian W. Reidy
answered on May 7, 2020

Parties can agree to modify parenting time without a court order. Parties cannot modify child support orders without a judge signing an order. If the goal is to modify parenting time, the parties can agree and they should put any agreement in writing.

If the child lived with mom, dad would...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Is there such a thing of abuse of primary authority of decision making of minor children?

Our child had braces about 5 years ago and now has them again but my ex doesn't feel there is enough progression (3 months) and wants them taken off and a new type put on. We have already entered in a 2 year contract with the Orthodontist and insurance has already paid their portion. This... View More

Brian W. Reidy
PREMIUM
Brian W. Reidy
answered on May 7, 2020

It may not be abuse, but it certainly is a basis for you to seek a modification of your financial responsibility. Given the facts that you have presented here, I believe a judge would not hold you responsible for 50% Or any other amount if you file a timely motion. You might also consider filing a... View More

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: What it means to divorce after 16 yrs. 27months old involve. Both parents are type1 diabetic. Mother is always homemaker

My husband emotionally abusuing me. I am well controlled diabetic but also has hypoglacemia history. Paramedics treated me few times. Will i loose my child custody? Though last hypoglecemia happened four yrs back in different country.

My husband is also well controlled type1 diabetic. Does... View More

J. Richard Kulerski
J. Richard Kulerski
answered on May 4, 2020

You have not provided enough facts to allow for a definitive answer, but there isn't anything you have said that would indicate you would not receive at least 50% of the parenting time. Your depiction of your health condition does not hurt your chances of being the residential parent. The fact... View More

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2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: Can my child move in with me even though his mom has primary physical custody?

We have 50/50 custody, but were never married and she has primary physical custody. We all live in the same town. He's 14 and wants to live with me. Is he free to do so, or do I need to go to court first?

James G. Ahlberg
James G. Ahlberg
answered on May 1, 2020

You have to go to court first. Your child does not have a free choice of where he lives until he becomes an adult at 18.

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