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Illinois Family Law Questions & Answers
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 life,... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: I have raised my son & daughter the last 20 yrs. my papers say both parties(me and ex wife) are responsible for post

secondary education. my son 27, graduated college 4 yrs ago. my daughter 24 graduated in December 2018. can I bring my ex wife to court to try and collect the money she did not pay? she didnt pay one dime.

Marilyn  Johnson
Marilyn Johnson answered on Nov 19, 2019

Probably not. You waited too long. However, you should consult an attorney to review the terms contained in your judgment.

1 Answer | Asked in Family Law for Illinois on
Q: Me and my ex girlfriend have joint custody in Illinois she goes out every night to meet up with a guy is that child neg
James G. Ahlberg
James G. Ahlberg answered on Nov 16, 2019

That depends. If the child is old enough and mature enough to take care of himself while she's gone, it's probably not neglect. If the child isn't old enough and mature enough to take care of himself while she's gone, but she leaves the child in the care of a responsible adult, that's probably not... Read more »

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... Read more »

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: How can I speed up the child support process without having to pay for a lawyer?

My childrens father and I have recently separated and I filed for child support in September 1, 2019. Havent heard back yet but when I emailed them they said it could take up to 6-8 months of a wait but if I want to speed up the process I could hire a lawyer. I am a single mother of 3 and cannot... Read more »

Cheryl Powell
Cheryl Powell answered on Nov 13, 2019

You might be able to get one through your legal services office which would establish parenting time and parenting allocation.

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 but... Read 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... Read 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... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: My daughter was given to her grandmother without my knowledge.How can i get custody of my daughter in Mississippi
Marilyn  Johnson
Marilyn Johnson answered on Nov 5, 2019

You will need to contact an attorney in Mississippi.

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... Read 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.... Read more »

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1 Answer | Asked in Family Law for Illinois on
Q: What is the likely outcome if the father takes me to court?

My 15 month old sons father who is not on the birth certificate by choice has threatened to take me to court because I will no longer let him take my son with him unsupervised. He plays too rough with my son and makes him cry. He puts my son in the car with him and has him sitting in the front... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Oct 29, 2019

From what you have alleged, there is a very chance that the court will order supervised parenting time. However, there first must be a finding of paternity. An agreed court order can be entered that he is the father or a DNA test can be ordered first.

1 Answer | Asked in Child Support, Family Law and Social Security for Illinois on
Q: Court order to stop child support payments as of July 2019 child support didn't tell social security until October 2019

Child support payments has been taken from my benefits since September of 2019

Marilyn  Johnson
Marilyn Johnson answered on Oct 29, 2019

You may be entitled to a reimbursement from the other parent or a credit against other expenses you may owe or even college expenses.

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... Read 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 DNA... Read 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... Read 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 for Illinois on
Q: Family law. What are my rights to my child. Unmarried

My son's father and I seperated he took my child and he is on disability and needs his equipment but the father is refusing to bring him to me.

Cheryl Powell
Cheryl Powell answered on Oct 13, 2019

Is his name on the birth certificate? Did he sign papers at the hospital?

If so, he has the same rights, he just has to go to court to establish them. If you call the police, sometimes they will help u get the child back.

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 when... Read 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... Read more »

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: I filed for divorce but missed the court date and the case was dismissed. How do I proceed with the divorce?

I have not had contact with my spouse and do not know of his whereabouts any longer. I have tried to contact him regarding the divorce but I get nothing back, I don't know what to do anymore.

James G. Ahlberg
James G. Ahlberg answered on Oct 10, 2019

You have 30 days from the date a case is dismissed to file a motion asking that the order of dismissal be vacated. If the motion is granted it reinstates the case. As far as your spouse's whereabouts, (1)if you had a Summons and Petition for Dissolution of Marriage served on him or her, (2)he/she... Read more »

1 Answer | Asked in Divorce, Family Law, Personal Injury and Child Support for Illinois on
Q: I was involved in motor vehicle accident against UBER. Currently filing a lawsuit and I have child support obligations?

I was involved in motor vehicle accident against UBER. Currently filing a lawsuit and I have child support obligations?

I was considered disabled since my accident on 12.24.17 and been home since. We will be pursuing a lawsuit of 7 figures! How does this affect my child support once all... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 10, 2019

These are questions to take to the lawyer handling your case. He or she is intimately familiar with details about your circumstances that uniquely enable him or her to give you accurate advice. You've already committed to pay that lawyer a large fee. You should feel free to pose your questions to... Read more »

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