Get free answers to your Child Custody legal questions from lawyers in your area.
I am unfit mother and want to get custody or visitation can I and how would I do it
answered on Apr 27, 2020
Your situation definitely requires a lawyer. Until a case is filed, either parent can go wherever they want with the children, but he or she might have to bring them back after a case is filed. This depends on many factors - one of the biggest of which is whether or not the move was out-of-state.... View More 
I have always had my son more ever since me and his mother separated which was when he was 1 now he is 5 and for the last year and a half we have both had him half and half because on Christmas of 2018 she tried to take him away and used her being the mother to keep him from me so she practically... View More
answered on Mar 26, 2020
Your best bet is to schedule an appointment with a lawyer who practices family law. Bring any paperwork (court orders and such) you have related to the situation and explain to the lawyer what's going on and what you want done. If you don't know how to find a good lawyer, talk to friends... View More
My house is in awful condition. Its unfit and unsafe to live here. My parents wobt consent to my emancipation and may become violent. I have people that would let me live with them. I dont know what to do.
answered on Mar 14, 2020
It's not easy. To learn how it is done, go to this website: http://www.ilga.gov/legislation/ilcs/ilcs.asp
On the window that opens, click on Chapter 750 FAMILIES.
On the next window that opens, click on 750 ILCS 30/ Emancipation of Minors Act.
Pay particular attention... View More
I live in Missouri and she lives in Illinois
answered on Mar 12, 2020
Assuming your custody or parenting order was issued by an Illinois court, you need the court's permission for your child to move out of state. It is more complex an issue than it seems -- don't try to do this without a lawyer who knows what to do and knows the evidence that's necessary.
A year ago our children were able to speak to the judge when a modification of parental time and responsibilities occurred. In a year we will be filing a new motion parental time and responsibilities due to change in circumstances. Our youngest (14) no longer wants to spend as much time at the... View More
answered on Mar 9, 2020
It most definitely depends on the judge that you are before. Some judges will never talk to the children. You should file a Motion for In Camera Interview and request that the judge interview the child. If the motion is denied, the judge may appoint a GAL or you may need to file a Motion for... View More
There are a few disagreements occurring with our allocation of responsibility order and I would like clarification on the wording. It's clear that I read it one way and my ex reads it a different way.
answered on Mar 9, 2020
You can file a Motion for Clarification. The court can then review the provisions in your Allocation Judgment that are at issue and hopefully clarify it for you.
My ex has primary authority on medical however they are not following the court order reading having discussions with me on medical procedures, notification of appointments or providing me access to the healthcare provider information.
I want to make sure I have enough supporting information.
answered on Mar 9, 2020
Your judgment may indicate how you are to communicate with your spouse which be via Family Wizard, email,etc. If so, communicate as is required by the judgment. If not, communicate in writing so that you can present written evidence in court as to the violation of your judgment.
Our child would like to change parental time but know it will upset the other parent.
Can I petition the court for a change on behalf of the child or would I be petitioning as the parent with cause?
If I am able to file a motion for change, what documentation can I provide to the... View More
answered on Mar 9, 2020
You are the one who would file a motion or petition, not your child. The documentation you need is going to vary depending on the reasons the modification of parenting time is sought.
She lives with her mom. He mom doesnt want us together. Can her mom keep the baby from me. Since my girlfriend will be a parent does that make her an adult?
answered on Mar 7, 2020
You've got a problem. The age of consent (when your girlfriend can agree to have sex) is 17 in Illinois. If you're 20, it appears you've committed statutory rape. Your girlfriend doesn't become an adult just because she has a baby. I'd say it's up to a court as to... View More
answered on Mar 4, 2020
You didn’t provide enough information. If a court order was entered that you are to bring the child to court and it. It complied with, you could held in contempt of court. If there was a court order, then you must encourage her to comply with the order. If there was not a court order entered to... View More
We have not gone to court for any type of custody or for any other legal action.
answered on Mar 4, 2020
Yes. You can take your child out of state for a week. You should inform the father of the details of your trip so that he is fully informed. If you do not inform him, he may become very concerned and worried.
(a) states the court may aware sums of money out of the property and income.... for education expenses. Would an inheritance be used as a determining factor in what is available to pay for a non-minor child's higher education?
Would the court normally order a financial discover be... View More
I plan on discussing with my lawyer when the time comes. I dont have the extra $ right now and because of the tender age of my daughter i know it will not happen. I just wanted to know if i keep up with everything and keep doing what im doing if my chances will be greater. I already know her mom... View More
answered on Feb 25, 2020
You should continue to follow the parenting time schedule and to be actively involved in your child's life. You definitely should not agree to change your child's surname. Do not miss any parenting time, attend school functions and attend extracurricular activities. If you do that , it... View More
Boyfriend kicked her out thanksgiving night at 11:30 pm and has been living with his dad (and dad's girlfriend) since. She is basically homeless out there. No family, few friends, did not finish college on his promises to marry and start a family.
answered on Jan 31, 2020
She can file for a determination of paternity, custody and child support wherever she and the child are living. She should do this ASAP, since until a court determines custody and visitation (now called parenting time in Illinois) she and the child's father have exactly the same rights to the... View More
What should I do in this case if I don’t want him to have these responsibilities?
answered on Jan 30, 2020
It means he is going to suggest to the court which one of you gets to make certain decisions for the child and what parenting time (formerly called custody and visitation) each of you will have. Go to this website and click on Parenting Plan to fill out a copy of the form that should be filed with... View More
I would like to change my child’s last name to my last name. Their dad and I were never married, we don’t have any court order custody agreement, and he’s always been in and out of her life and not financially responsible. I was informed by him about 6 months ago that he has started the... View More
answered on Jan 23, 2020
It can be done through the courts, but you will be required to provide notice of the court proceeding to the child's father. Be prepared to show it is in the best interest of the child to change the name.
Child wants to graduate high school early but I don't think they are mature enough yet. We don't have anything outlined in the parental plan for higher education however I am the primary decision maker with high school.
I'm curious if our child attends college after... View More
answered on Jan 20, 2020
Frankly, the best answer I can give is not to fret about something so far away over which you have little or no control. This is the advice I'd give if you were a client.
How to get legal visiting rights
answered on Jan 20, 2020
Your best bet is to hire a lawyer to file a paternity action. If you're the father, the court will issue an order saying so. It can also order that your name be added to the birth certificate, decide what parenting time (formerly known as custody and visitation) each of you gets, and determine... View More
Our current order states that the three of us (mother, father and child) will work unilaterally regarding College. So far I've been kept in the dark and our child won't answer any of my questions regarding college. Our currently order only states that if the three of us cannot agree... View More
answered on Jan 18, 2020
Ask your ex-spouse about college. Your child wasn't a party to the legal proceeding in which the order was entered, whereas your ex was. Your child can't be held in contempt for not obeying an order in a legal proceeding to which the child was not a party. Your ex is bound by the order... View More
Her legal guardians have taken my daughter from me, filed an emergency motion in Illinois stating to the Judge that they are deciding who speaks/ sees to her, and that they would deny any contact from both parents. My ex (her father) was released from jail with 2 counts of continuous family... View More
answered on Jan 6, 2020
Sounds like there was a case pending in Illinois. If there is an order there contact an attorney in that county in that state. Good luck!
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