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Illinois Child Custody Questions & Answers
1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Legal Malpractice for Illinois on
Q: So I went from 50/50 custody to 3 days a month! I filed motions and judge laughed and told me I'm no lawyer.

I dont have extra money for lawyer. The court system has laughed at me and told me I'm no good for my son and without a license I cant properly raise our son. I need help pro bono. Our son needs me like he needs his mother. His mom dont work. Refuses to, and judge put in order that I'm... View More

Robert B. Buchanan
Robert B. Buchanan
answered on Jan 3, 2020

There are attorneys that offer paid coaching and drafting services.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: I need a attorney that is willing to travel to watseka Il . Thee is a custody order in place for 3 yrs I just filed
Evan S. Sloan
Evan S. Sloan
answered on Jan 2, 2020

It sounds like you're having a custody issue. I would contact a family law attorney in your area and further discuss your situation with them.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: State of Illinois, is it a conflict of interest to have my ex-wife be represented by her current boss?

My ex-wife is employed by a ligation and personal injury attorney in the state of Missouri. He represents her at no charge in the state of Illinois where our case has been initiated. Is it a conflict of interest for him to represent her?

James G. Ahlberg
James G. Ahlberg
answered on Jan 2, 2020

If he was your boss it would be a conflict of interest. If he's her boss it is not.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: Can my ex file for custody, taxes and child support?

I was given custody in 2017. My ex was not ordered visits or child support. In 2019, Aug my wife and I found out she was doing better and expecting a baby. I let her go live with her mom and grandparents in Tennessee while I live in Illinois so that she would be there for the birth of her brother.... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 26, 2019

As long as an Illinois court has ruled on such things as custody, parenting time (formerly called visitation) or support, the children should remain subject to the jurisdiction of the Illinois court. The Tennessee court should refuse to take action contrary to the Illinois court's orders. This... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: RELOCATION

IF THE FATHER HAS NOT MADE CHILD SUPPORT PAYMENTS OR SEEN THE KIDS IN OVER A YEAR CAN I RELOCATE IF I HAVE AN EVICTION NOTICE CAN I LEAVE STATE WITH EXTENDED FAMILY ?

James G. Ahlberg
James G. Ahlberg
answered on Dec 9, 2019

Not without a court order giving you permission. It's more complicated than it sounds -- don't try to do it without a lawyer's help. While you're in court you should consider asking the judge to hold your ex in contempt for not paying child support.

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Is there anything I can do if my daughter's step mom is blocking communication between the father and I?

She continues to try to speak for him and will take it as far as acting as she is him in text messages from his phone. I have expressed I would prefer that our conversations are phone calls so I know I am relying information to the right parent, but have recently received a text message from her... View More

Marilyn  Johnson
Marilyn Johnson
answered on Nov 25, 2019

You need to file a petition with the court requesting that the father only communicate with you and not through third parties. Also, the court can determine the method of communication between you and the father and require him to always inform you of the location of your daughter.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Im 16 and my mom is moving to ohio but i dont wanna go for reason im being mentally and physically abused

And i wanna run away to my grandmas house but i dont wanna have any police contact going on

Marilyn  Johnson
Marilyn Johnson
answered on Nov 19, 2019

You do not mention your father. If he is in your life then you should communicate your concerns to him. Otherwise, you should tell a teacher or law enforcement officer your concerns.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: I am on child support can I get visitation with my daughter

I have been in no trouble have an apartment with my girlfriends 2/kids

Marilyn  Johnson
Marilyn Johnson
answered on Nov 19, 2019

From what you have indicated, you should be able to have parenting with your daughter. You will have to petition the court for a parenting time schedule. Your parenting time will be ordered by the court taking into consideration the age of your child . If you have not been in your daughter's... View More

1 Answer | Asked in Child Custody for Illinois on
Q: My boyfriend is finally stable and is ready for his dissolution of marriage and also wants custody of his daughter

He has been in ohio for 8 months and his spouse is abusive and unfit to care for her

Marilyn  Johnson
Marilyn Johnson
answered on Nov 14, 2019

Since both parties and the child have resided in Ohio for 8 months, Illinois does not have jurisdiction over the child. An Ohio attorney should be consulted.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Do you always need a lawyer for a child support case if we were never married?

I have been the sole provider for my almost two year old for her whole life. I recently got summoned to court because her dad wants custody and child support. He has a lawyer but I can not afford one. I asked the judge for a 30 day continuance to obtain a lawyer but most of them are $3000.

James G. Ahlberg
James G. Ahlberg
answered on Nov 13, 2019

Strictly speaking, no. Practically speaking, yes. You can build a house without a carpenter, a plumber or an electrician, but how good a house will it be? Similarly, you can present your own case before the judge, but how good a case will it be? Borrow the money from friends and relatives if you... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What is reasonable healthcare? Orthodontics for a second time.

I'm order to pay half all medical, dental, vision and orthodontics for our children in the current order. My ex is wanting our youngest to have braces for a second time. They are the primary decision maker in this area but this seems excessive. I can have a second opinion done at my own cost... View More

Marilyn  Johnson
Marilyn Johnson
answered on Nov 11, 2019

I would certainly get a second opinion. If that orthodontist recommends that your child needs the braces again, then you will have to pay. In that event, you need to find out would occurred causing your child to have the braces again. If there was any negligence on the part of the first... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Im a 16 year old male, my mother has sole custody of me but things have been happening in the house so i decided i want

Im a 16 year old male, my mother has sole custody of me but things have been happening in the house so i decided i wanted to live with my dad yesturday. she said if im not back by sunday she will call the cops but im afraid to go back. will the cops still make me

Marilyn  Johnson
Marilyn Johnson
answered on Nov 5, 2019

They police could tell you to return to your mother but information is needed. If your mother is abusing you or neglecting you then you should inform the police. Again, depending on the circumstances, you dad could file an emergency petition for temporary and permanent custody or for an order of... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: First hearing for my 3 year old son, never married.

cant afford an attorney. The mother has kept me out of my sons life, he is 3 now. I filed for visitations over a year ago, and we came to an agreement at mediation a couple months ago. At our most recent court date she changed her mind. My case is now set for a hearing and I am supposed to bring... View More

Marilyn  Johnson
Marilyn Johnson
answered on Oct 30, 2019

From what you have alleged,there appears to be no basis for the court to delay overnight parenting time with your son for a year. As he is three years old and you do not have a relationship with him, you will first to establish a relationship with him before overnight parenting time can start.... View More

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1 Answer | Asked in Child Custody for Illinois on
Q: I have a court order for reunification therapy and the kids, which are 10, 13 and 15 say they do not want to see me?

I have not seen them or talked to them since January 2019 and all I get from the counselor is she can not force them, but shouldn't I just go to the sessions? I have not been included in them. Is this not in compliance with being court ordered? Sounds like I need a new therapist too.

Marilyn  Johnson
Marilyn Johnson
answered on Oct 29, 2019

You must obey the court order and attend the therapy sessions. The children must also attend the therapy sessions and the other parent of your children must obey the court order and take them to the sessions. The therapist will decide how to conduct the sessions. However, in the event that you... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: We are not married and have a infant child. Who can have custody of a child and percentage of child support?

We reside in ILLINOIS when we had our infant baby and we are not married yet. We now live separately and currently child is with my ex. Does child’s mother automatically become primary care? What are my rights of seeing my child? Do I have any control of when I can see my child? What is the... View More

Marilyn  Johnson
Marilyn Johnson
answered on Oct 22, 2019

You need to file a Petition to Establish the Father-Child Relationship. The child's mother needs to served that petition. You must ask the court for a finding that you are the biological father of the child. Even if you signed a Voluntary Acknowledgment of Paternity, either party can request a... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Ok im about to lose my parental rights to Dcfs after a year + fight after I had a terrible divorce where in the end i as

I had no support, rransportation, developed a drug habit due to lose of my son alienation and depression hwith no job money or anything how do I get my baby back?

Marilyn  Johnson
Marilyn Johnson
answered on Oct 18, 2019

You will have to prove to the court that you have rehabilitated yourself by the very least being drug free and obtaining a job . This will more likely be a long process for you. Hopefully, you will have supervised parenting time with your child during your recovery.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: What documentation or information would i need to overturn a judges ruling for sole custody to become a custodial parent

My daughter is 12 and her mother has had sole custody of her since she was 1 year old. I attempted to file for joint but was immediately denied by the judge. Recent my daughter has been exhibiting signs of distress about her home life and has been acting out to the point of even running away and... View More

Marilyn  Johnson
Marilyn Johnson
answered on Oct 17, 2019

You need to retain an attorney who can advise you in regards to a change of custody. You do not state the allegations contained in your petition for change of custody which may have a bearing on any petition that you may file.

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: divorce: Have two young children 2 yr old and newborn what does custody possibly look like? do I have to stay in state?
Marilyn  Johnson
Marilyn Johnson
answered on Oct 17, 2019

More information is needed in order to answer your question regarding custody. If you want to relocate to another state and you have custody of the children, you will need to have an agreement with the other parent or petition the court to relocate.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: How long do I let my ex go on not telling me about our child's medical appointments?

My ex and I share joint and legal custody and defined primary decision making in different areas in the case we cannot agree. My ex has taken our child to several appointments for conditions that they deem as medical but has not told me about any of them. I'm finding out about the appointment... View More

Marilyn  Johnson
Marilyn Johnson
answered on Oct 10, 2019

You must refer to your Judgment for Dissolution of Marriage to see what it states regarding medical appointments. If your ex is supposed to inform you of these appointments prior to the date of the appointment and your ex is not doing so, then you can file a Petition for Rule to Show Cause for a... View More

1 Answer | Asked in Gov & Administrative Law, Child Custody and Civil Rights for Illinois on
Q: In Illinois if you are under investigation and have not been found guilty of any crimes , can you refuse a CPS drug tes
Cheryl Powell
Cheryl Powell
answered on Oct 1, 2019

You can refuse anything you like. Then it is considered a failed test by the court system. As such, there is a possibility that you could lose your children.

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