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Illinois Family Law Questions & Answers
3 Answers | Asked in Civil Litigation, Family Law, Arbitration / Mediation Law and Child Custody for Illinois on
Q: Can an agency be sued? For making untrue statements about oneself. children and grandchildren?

Paxton, Champaign and Urbana, Illinois.

Cheryl Powell
Cheryl Powell
answered on Sep 15, 2023

If the statements were made under oath, the persons making same could be charged with perjury. However, if they make same in dcfs reports or some such thing, they are not under oath and many things are a matter of opinion.

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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: What should I do proceeding forward with my divorce?

I filed in Illinois. We don't have any children, assets, properties or accounts together. I don't want alimony, I just want a divorce. I didnt retain a lawyer because I was told it would be simple. And she agreed to sign the papers but does not want to turn them in. I was told it is... View More

Christine S. Janis
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answered on Sep 14, 2023

If you have already filed for divorce and were assigned an initial court date (called the "case management date"), if your spouse is refusing to sign the paperwork, you have the right to go before the court and inform the judge of your situation. If her refusal to sign is because she does... View More

1 Answer | Asked in Family Law for Illinois on
Q: Is it legal in Illinois for a parent to sell an item that was purchased by the other parent of a minor and given to them

The child is a 15 year teen who's objecting to sale of a pc costing over $1000 & purchased by other parent. Parents are divorced

Cheryl Powell
Cheryl Powell
answered on Sep 8, 2023

The pc was a gift from one parent to the child. If the other parent takes it away against the child's wishes, the other parent is committing theft from that child. It was not a gift to the other parent. That is how I look at it. Some other lawyers may look at it differently.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can I e file my petition for custody and my fee waiver all together? Or do they have to be filed separately for cost?
T. Augustus Claus
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answered on Sep 4, 2023

In Illinois, the procedure for e-filing your petition for custody and requesting a fee waiver can vary depending on the specific court and its electronic filing system. Some courts may allow you to e-file both your petition and fee waiver request together as part of a single submission, while... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can I submit an appearance form with my e file if it is indicating the other parent will attend and they signed it?
T. Augustus Claus
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answered on Sep 4, 2023

In Illinois, submitting an appearance form is a critical step in legal proceedings, especially for matters like child custody. When both parties sign this form, it signals your active participation in the case. The exact process may vary depending on the court and local rules. Generally, you should... View More

2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: Do I need a summons for a 50/50 parenting plan agreement

I am currently trying to e file and figure out all the documents that I need to send in.

T. Augustus Claus
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answered on Sep 4, 2023

In Illinois, a summons is typically not required when both parties are in agreement and are voluntarily submitting a parenting plan for approval by the court. If you and the other parent have mutually agreed upon a 50/50 parenting plan and are seeking court approval for it, you would typically file... View More

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Illinois on
Q: Is there a statute of limitations when it comes to not being served the petition of plenary guardianship in Illinois?
T. Augustus Claus
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answered on Aug 28, 2023

In Illinois, there isn't a specific statute of limitations for being served with a petition for plenary guardianship. The process for serving legal documents, including petitions for guardianship, is governed by the Illinois Code of Civil Procedure and the rules of civil procedure.... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: 1/2..My son's biological father (never married) has never met or wished to have anything to do with him. We haven't

2/2… talked in almost 2 years since the day he was born. My now fiance, soon to be husband wants to know how to go about becoming his legal parent. How should we proceed after marriage?

James G. Ahlberg
James G. Ahlberg
answered on Aug 9, 2023

After marriage you and your new husband can file a petition for adoption of the child. Do NOT try this on your own -- there are too many opportunities to do it incorrectly and the stakes are too high! Hire an attorney who does adoptions and let him or her make sure all the details are handled... View More

2 Answers | Asked in Child Support, Divorce and Family Law for Illinois on
Q: In Illinois, is child support mandatory in a divorce?

I do not need or want child support from my child's father (the noncustodial parent)

James G. Ahlberg
James G. Ahlberg
answered on Aug 5, 2023

Child support is for the benefit of the child, not the parent who receives it. You absolutely should not deprive your child of the benefit of having extra money for its benefit. Furthermore, the judge is likely to require child support be paid. The amount will vary depending on a comparison of your... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: What happens if a father abandons his child and stops paying child support? what can I do?

He has texted me threats before my child was born on taking the child and sending his lawyers after me i never got calls from anyone but he never showed up kept lying and all of a sudden hes trying to take my child away he moved with his new child and his wife he cheated on what do i do

James G. Ahlberg
James G. Ahlberg
answered on Aug 5, 2023

What you do is go see a lawyer as quickly as you can. Do it Monday, if possible. File a paternity case asking that he be named the father, that the court order him to pay you child support, and that the court establish parenting time (formerly known as custody). Until this process is started, each... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: My sons father has been banned from talking to me, only wants to communicate with my parents for our child.

My sons father has been banned from talking to me,(by his girlfriend) he only wants to communicate with my parents for our child. My parents rather not be involved. Since they are not my sons parents. what should I do?

James G. Ahlberg
James G. Ahlberg
answered on Jul 24, 2023

If neither you nor your parents want communication to be routed through them, they should refuse. They can just hang up when your son's father calls, and refuse to respond to text messages, emails and the like. I'd encourage them to not respond at all except to his very first contact,... View More

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: What should I do when my adoptive parents kicked me out at 18?

Ever since my 18th birthday me and my adoptive mom havent gotten along and today she told me to leave her house. I have nowhere to go and I'm not sure what options I have.

T. Augustus Claus
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answered on Jul 17, 2023

When you turn 18, you're considered an adult in Illinois. If your adoptive parents have asked you to leave and you have nowhere to go, here are some options:

- Reach out to friends or family for temporary accommodation.

- Contact social services or the Department of Children...
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2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: My father had legally by court fully custody of my brother his 14 years old my father passed away two weeks ago

I want to see how I can filled to get his custody legally now his mother is not in the picture

T. Augustus Claus
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answered on Jul 17, 2023

I'm sorry to hear about the passing of your father and the situation with your brother's custody.

Since your father had full legal custody of your brother, the next steps will depend on the specific circumstances and the laws in Illinois. Generally, when a custodial parent passes...
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2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: My father had legally by court fully custody of my brother his 14 years old my father passed away two weeks ago

I want to see how I can filled to get his custody legally now his mother is not in the picture

James G. Ahlberg
James G. Ahlberg
answered on Jul 17, 2023

Assuming you are legally an adult (18 years old or more) you need to petition the local circuit court for guardianship of your brother. Your best bet is to contact a lawyer who practices family law (try Googling the term "custody lawyer" or "guardianship lawyer" to find one near... View More

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1 Answer | Asked in Adoption and Family Law for Illinois on
Q: I am trying to adopt my girlfriends daughter, the father isn’t on the birth certificate and never met the daughter.

Father isn’t on the birth certificate and was given many chances to meet his daughter but has only met her once for 5 minutes since she was born he refuses to answer any texts or calls and No DNA test was done. Would we need his consent for the adoption or do we have to take him to court.

James G. Ahlberg
James G. Ahlberg
answered on May 22, 2023

You either need his written consent or serve him with your Petition for Adoption and give him a chance to appear in court. Don't try this without a lawyer! Adoption has a number of details that need to be handled exactly correctly. Acquiring a child in this manner should not be left to "I... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Illinois on
Q: Can my sister keep all my mom's money from her

My sister claims to be my mother's poa. She takes all of her money out of a joint account between her n my mom and deposit it in her account. Her gas bill is overdue by 1,000 dollars. She takers her to no appointments me and my wife do. My mom thwrclains she doesn't even want her in the... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on May 17, 2023

Anyone acting under a power of attorney has a fiduciary duty to act in the principal's best interest. If your sister simply took your mother's money, then she is arguably in violation of that duty. Since your sister will not likely respond to a written demand (based on her text message)... View More

1 Answer | Asked in Family Law for Illinois on
Q: Im 17 turning 18 soon can i legally move out?
James G. Ahlberg
James G. Ahlberg
answered on May 10, 2023

Legally, you become an adult on your 18th birthday. It's a double-edged sword, however. On the one hand, you may be free to move out; on the other hand, your parents are no longer obligated to support you (assuming you are not suffering from a significant disability) and they will not be... View More

2 Answers | Asked in Family Law and Immigration Law for Illinois on
Q: Im an Italian citizen, want to marry Illinois prisoner.

I would travel to Centralia as a tourist for a few days, and I absolutely don’t want to apply for a Green Card after the wedding, since I still want to live in my Country.

Can you tell me what do we need to know and to do in order to make this happen?

James L. Arrasmith
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answered on May 16, 2023

To marry an Illinois prisoner as an Italian citizen, there are several steps and considerations to keep in mind. Here's an overview of the process:

Research marriage laws: Familiarize yourself with the marriage laws in Illinois, as they may have specific requirements or restrictions...
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1 Answer | Asked in Family Law, Banking and Divorce for Illinois on
Q: Can a subpoena be issued for my spouse's credit report? Divorce proceedings are underway.
James L. Arrasmith
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answered on Mar 2, 2023

Yes, a subpoena can be issued for your spouse's credit report during divorce proceedings. However, you will need to have a valid legal reason for requesting the credit report, such as proving financial misconduct or to determine the financial status of your spouse. You should consult with your... View More

1 Answer | Asked in Family Law for Illinois on
Q: Court is trying summons for paternity. Live in Caribbean. No address here. Kid in US. Send money monthly. Not going back

Court is trying summons for paternity. Live in Caribbean. No address here. Kid in US. Send money monthly. Not going back anytime soon. Haven’t returned called to process server yet (sheriff). Truthfully, I moved on with my life. Mother of child was toxic. Was costing me my mental health. So I... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2023

I recommend calling the process server and giving him your current whereabouts. If you don’t have a physical address, you should provide sufficient information as to where exactly you can be found in order to be served.

Why? Because if they don’t know where you are, you are going to...
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