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Illinois Family Law Questions & Answers

1 Answer | Asked in Child Custody and Family Law for Illinois on

Q: What would the process look like if I was to argue that my ex is mentally abusing our child and request limited time?

Our child lives primarily with me. My ex is mentally and verbally abusive to our child. Compared to other people its probably not as bad as it sounds but the child has anxiety from it and is becoming withdrawn, angry, depressed (has headaches and stomach aches) after their parenting time with my... Read more »

Marilyn Johnson answered on Jun 16, 2019

You should file a Petition to Modify the Parenting Time. It is often difficult to prove mental and verbal abuse but you need to take immediate action to protect your child. The Court can appoint a child representative or GAL. The Court can order that the child see a therapist. Quite often your... Read more »

1 Answer | Asked in Child Custody and Family Law for Illinois on

Q: what is the likely chance that my son father would get joint custody being a felon?

With two cases dealing with children. One of them kidnapping our son but he on the birth certificate but I didn't give him permission to take him. Having a mile-long record of crimes on his background plus pictures of when I picture of my son after I have to pick him up with scratches and a bite... Read more »

Marilyn Johnson answered on Jun 16, 2019

Illinois statutes no longer use the word custody. There is allocation of parental responsibilities for decision making and parenting time. From the facts that you have alleged, the father of your child would in all likelihood not be awarded any decision making as it appears that he has not had good... Read more »

1 Answer | Asked in Divorce and Family Law for Illinois on

Q: Where can I get info about local attorneys who can give me an approx cost?

What if my husband doesn't pay the fees when I don't have the money to cover attorney fees.

James G. Ahlberg answered on Jun 12, 2019

Call and ask them how much they charge and how fees are calculated.

1 Answer | Asked in Divorce and Family Law for Illinois on

Q: I need probono services for divorce/family law.

I have been married for 18 years in 2000 Aug. I have two kids ages 14 yrs, 9 yrs. We were married in India and are US citizens now. I have been homemaker for most of time I was married. I tried part time work but gave up due to health issues and to take care of kids. I am not sure how I can afford... Read more »

Peter M. LaSorsa answered on Jun 12, 2019

Even though you may not have money up front for an attorney's fees, if you hire an attorney he or she may be able to collect attorney fees from your husband through court order. You should check with local attorneys who handle divorce cases.

2 Answers | Asked in Employment Law, Family Law and Immigration Law for Illinois on

Q: Could my parents sponsor me a green card when I am maintaining OPT status?

I am currently on OPT and will start my H1B this October 2019. My parents have recently gotten a green card and I am curious If they can sponsor my green card so I can stay in the US to get the procedure completed.

Any help would be highly appreciated and I would like to start the... Read more »

Kevin L Dixler answered on Jun 11, 2019

More information is needed, but it may help provided you are eligible to file for adjustment 'before' your H-1b expires or is terminated due to resignation or termination. I strongly recommend an appointment with a competent and experienced immigration attorney, who can review all of the concerns... Read more »

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2 Answers | Asked in Contracts, Family Law and Civil Litigation for Illinois on

Q: In the state of Illinois. Do I have to return a Promise Ring to an exboyfrien?

He now wants the ring, claiming he is paying on it.

But also, he is back with his ex girlfriend.

James G. Ahlberg answered on Jun 10, 2019

No. He gave you a gift. It's yours.

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1 Answer | Asked in Family Law for Illinois on

Q: How much would it cost to get emancipated? How hard is it to get emancipated at 16 in Illinois?

James G. Ahlberg answered on May 31, 2019

Unless you are completely supporting yourself economically and both your parents agree you should be emancipated, it won't happen. How much it costs to will vary depending on the hourly rate charged by attorneys in your community.

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: At what age can my daughter tell a judge she doesn’t want to see her bio-father?

My 15 year old daughter no longer wants to go with her bio-father on his parenting time. At what age can my daughter tell a judge this and get little or no time with bio-dad? Her bio-dad wasn’t in her life until she was 10yrs. After her getting to know him and custody battles for 4 yrs under our... Read more »

Marilyn Johnson answered on May 28, 2019

You should file a Petition to Modify the Parenting Time and include all of your allegations in it. There is no age certain in Illinois that a child can make a decision as to whether or not she wants to see her father, but you can petition the court for an in camera interview with the court. The... Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: How do I respond to a petition for cause? How do I defend my majority parent appointment?

I live 66 miles from my previous address in Sangamon county. I didn't file a petition with the county clerks because the father and I had a verbal agreement. He and I have been maintaining out parenting agreement and getting along really well for over 12 months now, with my new address. He just... Read more »

Ray Choudhry answered on May 24, 2019

If your daughter has been going to school where your are for the past year and the father went along with it, the court may very well find that there was an agreement of the parties to modify the parenting plan.

Why not come up with a new parenting plan that works for both of you....
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1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: Do I need to file a restraining order against my ex wife?

My ex wife had left the state tried to get to take our daughters with her. I fought that and won. She still moved out of state alone and got married and then had 3 children. Her father just contacted me and has said that now she has left her new husband and taken 1 of her 3 children with her. The... Read more »

Ray Choudhry answered on May 24, 2019

Go back to court to have the Parenting Plan modified.

2 Answers | Asked in Domestic Violence, Family Law and Child Custody for Illinois on

Q: Vacated Order of Protection, but my parenting time is still restricted. What can I do?

My ex-wife took out an OoP regarding our child. Because of this, parenting time was restricted to supervised visitation. OoP was then vacated, but my parenting time is still restricted. I would like for the allocation of parental responsibilities to be returned to the original Custody Judgment -... Read more »

Juan Ooink answered on May 23, 2019

You need to hire a Family Law attorney to assist you with this matter. The sooner you do so the better.

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1 Answer | Asked in Family Law for Illinois on

Q: How do I become legal guardian of my nephew who resides in Cook County with his aunt who adopted him

Current guardian no can longer take care of him - 16yrs old. Can I just transfer guardianship? Notarized letter? Does this have to be handled through court? And if so, where do I start and what paperwork is needed? Trying to do this the easiest way possible

James G. Ahlberg answered on May 21, 2019

This must be done through the court. Your best bet is to contact a lawyer well-versed in family law and, if everyone agrees this is what needs to be done, meet the lawyer with the aunt and the nephew present and discuss what needs to be done.

1 Answer | Asked in Domestic Violence and Family Law for Illinois on

Q: How can I get an order of protection dropped.All of the allegations against me are false

I have filed motions to dismiss and reduce but the court is ordering me to do domestic violence counseling,mental health evaluation,clean drug test.I have no prior drug or violent background nor current.My kids mother filed an order of protection against me involving my kids to get our custody... Read more »

Juan Ooink answered on May 20, 2019

Your best option is to hire a Family Law attorney right away.

1 Answer | Asked in Divorce and Family Law for Illinois on

Q: Can a spouse receive alimony in IL from a spouse who receives VA service-connected disability compensation?

Married 16yrs, separated for 17 months. Spouse of veteran hasn't had employment for 10 years. Spouse needs time to train for employment all over again to re-enter the job force.

J. Richard Kulerski Esq. answered on May 20, 2019

Yes, the income from veteran disability benefits can definitely be included (but not garnished) when computiing the veteran's alimony obligation.

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: Hello. I'm having some issues with my sons father him and I both have our own relationships. But have joint custody .

I get him every other weekend. And he treats me like he has more lean over me. His new gf wont allow me to see much of him they didnt even want to tell me when his doctors appointment was. I just dont know what to do, theres alot more than that

Ray Choudhry answered on May 17, 2019

If you have every other weekend, why is there a problem.

You can call the police and they will force him to turn the child over to you.

As to say so over raising him, it depends on what the court order says.

Seems like an old order with custody and visitation.

You...
Read more »

2 Answers | Asked in Family Law and Divorce for Illinois on

Q: how long do you have to be separated for it to be considered legal

Ray Choudhry answered on May 17, 2019

If you are referring to divorce, Illinois has irreconcilable differences as a grounds.

You do not have to be separated to have irreconcilable differences. However, if the parties have lived separate and apart for 6 months, there is an irrebuttable presumption of irreconcilable differences.

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1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: Can my 17 year old daughter choose to live with me without going through the courts? She will turn 18 in 6 months.

My ex wife is the custodial parent of our two kids, ages 14 and 17. My daughter no long wants to live with her mother. We have joint custody and I pay child support. My daughter wants to leave but I do not know if she can just leave and move in with me or do I have to petition the court. Like I... Read more »

James G. Ahlberg answered on May 16, 2019

When she's 18 years old she becomes an adult and can live where she chooses. Until then, her residence is determined by court orders.

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: We now live 74 miles from each other. His visitation every other weekend. Do I have to drive the extra 27 miles?

We have 50/50 custody with me as Primary residence. He moved after we were divorce 27 miles further. He wants me to pick her up now at his residence. He picks her up at mine. But I also didn't move further. If we went back to court would I still have to drive the distance?

James G. Ahlberg answered on May 13, 2019

There's no hard and fast answer to this. It will be up to the judge if the two of you can't agree.

1 Answer | Asked in Child Custody and Family Law for Illinois on

Q: Is mental health of the child a consideration if a request for sole custody\change to the residential parent is made?

A temporary order was put into place to change the residence of our minor child. In this case the residential parent has majority of parenting time. Since that change the child attends therapy less (child was in therapy prior to the TO) are happier, child has reduced their anxiety and stress... Read more »

James G. Ahlberg answered on May 10, 2019

Yes, the mental health and well-being of the child should be taken into account. Make sure your attorney has all the information available to you.

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