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I am looking to become a short-term guardian for a family friend in Illinois, specifically to handle medical and school-related matters. Could you explain the requirements and responsibilities for this role, and how the process works for a guardianship lasting up to one year?
answered on Feb 26, 2025
You can use a form on the internet for this. Court is not necessary. Both mother and father should sign. Search for CFS 444-2 and you will find that form.
You will raise the child as yours for one year.
You are responsible for costs, including medical, educational, etc. that are... View More 
I have been undergoing weekly random drug tests for six months as part of a DCFS case initiated when we sought their help to remove my fiancé's kids from their stepmother, who had abducted them. Despite complying with the drug tests and having no wrongdoings on our part, DCFS continues to... View More
answered on Feb 21, 2025
When DCFS has your children or your boyfriend's children and you want them back, you do whatever they say whenever they say. A drug test is not unreasonable EVER when it comes to the safety of children. If doing drugs is more important than the children to the two of you, then by all means... View More
My adult son recently passed away without a will. He was the sole owner of a house that his mother quitclaimed to him. He did not have a spouse or children. He is survived by his sister, two brothers, me (his father), and his mother (we are divorced). What will happen to his estate, particularly... View More
answered on Feb 16, 2025
According to the Illinois Compiled Statutes (ILCS)
(755 ILCS 5/2-1) (from Ch. 110 1/2, par. 2-1)
Sec. 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after... View More
I am currently obligated to pay $1,800 a month in maintenance and $600 in child support for our one child, who lives with my ex-wife the majority of the time. I recently accepted a promotion at work, which resulted in a $24,000 decrease in my annual income due to the elimination of overtime pay. I... View More
answered on Feb 15, 2025
I don't believe so. You knew your promotion would result in a salary cut. Given that, you could have chosen to refuse that offer of employment. When the decrease in income is voluntary, one cannot decrease the maintenance they are paying. I suspect the court would keep you obligations the... View More
My mother died on 12/19/24. My sister who hsa her POA over her finances refuses to give me any information regarding her estate. I know i am entitled to half. How can i go about getting my half of the estate? I do not know if my mother had a will or not. She refuses to provide me this... View More
answered on Jan 29, 2025
The POA died with your mother. If there is a will, it should be filed with the circuit clerk of the county she lived in within 30 days of her death. You can get a copy there. Do you know who the lawyer would have been that drafted poa's and maybe a will? If so, check there to see if they... View More
She was pregnant a while back but she couldn’t go full term. And then they basically told my mom that they have a relationship and the baby might be my uncles child. Plz help idk what to do or feel about this!
answered on Jan 29, 2025
This is a matter that should be brought to the police, not to a family attorney. Illinois law prohibits certain categories of close family members from engaging in penetrative sexual intercourse. This includes aunts and uncles with nieces and nephews. Additionally, if your sister is a minor, your... View More
We both would like to start with our will. Him being 73 y/o, and I am 63. We need assistance in how we can start with it, God knows, what will happen one day. Is there a form that we can get and have it notarized, for each one of us separately? I think we need the financial will, living will and... View More
answered on Jan 27, 2025
As an unmarried couple, albeit a long-term one, the law would not provide any transfer of the assets of each of you at your passings to the other person. You need 2 wills to achieve the results you are seeking. In them you could structure the passing of your assets and create a medical power of... View More
I got gifted a ps5 and my mother took it. I don’t live with her and she isn’t my guardian. She blocked me on everything and wont answer my grandpa or grandma calling despite them being my guardians. The game was gifted to me and when I was living with her I always had a game with no problems.... View More
answered on Jan 29, 2025
To add to the other attorney's answer: while you state that your grandparents are your guardians, it's not clear from your statement whether you are just using the term informally - i.e. that they are the people you live with who watch over you. For your mom to lose her rights or have her... View More
My husband is divorcing me and was having a sexual relationship with another woman while we had been separated for 2 months. He had been bringing her into our home and even going to see her while I was away. Our divorce isn’t finalized so is that still considered adultery? He is also in the Navy.
answered on Dec 2, 2024
First, I’m sorry to hear about this difficult situation. Dealing with an affair during a separation is incredibly hard, and I understand how challenging this must be for you.
In Illinois, fault-based grounds for divorce (such as adultery) are no longer recognized, so an affair doesn’t... View More
A small mortgage was obtained later for pay for siding. I have invested more than I can get if I sell the home. If the home is sold, how would the law define the home's equity? How would it be split between spouses?
answered on Nov 6, 2024
With some exceptions, the general rule is anything acquired during the marriage is presumed to be marital property. There are some facts missing from your question that might help to better answer this. It sounds like non marital funds were used during the marriage to purchase the home. Without... View More
I didn't even know he was going out of state to see his sister and I get temporary custody papers in the mail...I go to court in New York to pick my son up and they wouldn't release him to me... Even though there were no allegations on me
answered on Oct 10, 2024
Is there a custody order in either state? This is a complicated matter that requires a phone call. I practice in Illinois but not in all counties in Illinois. It looks like you are from Paris, and if that is where your case is filed I would not be able to represent you. However, you need an... View More
1) Per my divorce decree, my ex wife and I are to present W2's each year. This was never done, however I experienced a decrease in income since the maintenance was set 6 years ago. If it were determined that I overpaid during any year, is that reimbursable in court? If I underpaid during... View More
answered on Jul 13, 2024
Hello,
Thank you for your questions about spousal support (maintenance) in Illinois. Here's some information that may help address your concerns:
1. Reimbursement for Overpayment of Maintenance
Yes, under Illinois law, if you overpaid maintenance due to a decrease in... View More
answered on Jul 13, 2024
Hello,
I'm sorry to hear about the verbal, mental, and financial abuse you've experienced. It's important to remember that domestic violence (DV) isn't limited to physical harm. The behaviors you describe are forms of DV, and it's not your fault.
You are... View More
He is upset at me for showing up at his mom's house at midnight after his location previously indicated he wasn't there/was turned off and he wouldn't answer my phone calls/text messages. He said he was at a friends' house. The issue I have is that he's driving my truck... View More
answered on May 27, 2024
Sounds like you need to take the truck privileges away. If he goes to his mom, she can provide him with a car or sign this one over to her so it's not your problem when you can't supervise him and he ends up in a bad accident. Is he going to go to school there? Does mom want him full... View More
I would like to get my photos removed from my stepmom's Facebook page as they are my photos that were taken when I was a minor under the illegal guardianship of my stepmom. Since those photos of me were taken by my stepmom who was not my legal guardian, I believe I have a right to them and... View More
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answered on Jun 8, 2024
I'm sorry to hear about the difficult situation with your stepmother. This is a complex issue that involves several areas of law. Here are a few key points to consider:
1. Guardianship: If your stepmom was not your legal guardian at the time the photos were taken, she may not have had... View More
I would like to get my photos removed from my stepmom's Facebook page as they are my photos that were taken when I was a minor under the illegal guardianship of my stepmom. Since those photos of me were taken by my stepmom who was not my legal guardian, I believe I have a right to them and... View More
answered on May 22, 2024
I think you would have to file a temporary restraining order and preliminary injunction to order her to remove them. But I think you also would have to add what harm they are doing to you. And put when the last time was that she put one up. Children don't have control of who takes care of them.
Is it allowed / legal? Would the judge read it? I do not mind if this is shared with the attorneys/opposing counsel.
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answered on May 2, 2024
In Illinois, it's not appropriate or even advisable to write directly to the judge in your divorce case. Communication with the judge typically needs to go through formal channels, such as your lawyer or through legal filings. Judges that receive mail from litigants do not read the mail, and... View More
Im in a situation were I feel very unsafe in ym dad´s current home. Ever since he picked me up from my mom´s house my grades have been failing, I was admitted into a psych ward, I started substance abuse and my depression has skyrocketed since 2020. My dad did not have legal permission to keep me... View More
answered on Apr 18, 2024
I don't believe so. This is a custody case, not a juvenile abuse and neglect case. You are saying what your behavior was, but using drugs is on you, your dad did not force you to use them. Your dad doesn't do your homework or take your tests, it sounds like he kidnapped you and mom... View More
my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation
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answered on Apr 1, 2024
Taking your question at face value, if your parents move in with your grandma but tell you that you can't move in with them, that is the kind of situation that would possibly cause the state to TPR, in which case you likely would be ordered to live with the closest adult relative who would... View More
my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation
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answered on Apr 2, 2024
I'm sorry to hear about your family's difficult situation. This must be a very stressful and scary time for all of you. A few key points:
As a minor at age 17, your parents are still your legal guardians and generally have the right to make decisions about your living situation... View More
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