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Illinois Family Law Questions & Answers
1 Answer | Asked in Family Law for Illinois on
Q: What are the criteria to move out of your parents home without consent at 18 years of age? (In Illinois)

Side question, if I am unable to fully move out of the home, would I be able to just walk out and sleep at a friend's house occasionally?

The real question would be....

What are my limitations as an 18-year-old with a job that only pays 50 per day?

Would moving out be... View More

James G. Ahlberg
James G. Ahlberg
answered on Nov 18, 2020

You are not considered an adult until you either reach 18 years of age or are emancipated (declared to have the rights of an adult) through a court proceeding. The main requirements of emancipation are that your parents must agree to it and you must be immediately able to support yourself living... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Illinois on
Q: I have proof of and paper documentation of all of my rights have been broken!

I have proof! I've been shut down no one will help there is plenty of paperwork and documentation. My child has been stolen. And these people falsified information and documented that these allegations were true, without investigating! Please help us!!!!

Juan Ooink
Juan Ooink
answered on Nov 12, 2020

It seems that you need to hire a Family Law Attorney right away.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Illinois on
Q: What can I do about my abusive ex lying on a OP to get custody of our 2 year old son?

My son's father abused me for 3 years I finally got away from him so He filed a Order of Protection making false claims that I physically abused our son. He did not disclose in the petition that I have had a OP on him for my kids and myself. Or that he was arrested and charged with aggravated... View More

Juan Ooink
Juan Ooink
answered on Nov 9, 2020

This is something you need to discuss with a Family Law Attorney right away. The sooner you hire an attorney, the better.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Illinois on
Q: will i get in trouble for Running away from a place my mom makes me live because she kicked me out

my mom kicked me out and let me live with my boyfriend and signed a paper saying his dad had custody but then she changed her mind and signed me over to my grandparents who i barley know we didnt go through anything legal it is just a paper out of a notebook saying i can live there do i have to... View More

Cheryl Powell
Cheryl Powell
answered on Nov 2, 2020

Legally, you are required to live wherever your parents say. No court order means nothing enforceable typically. Your parents can choose to give guardianship or to take it away. Anyone who harbors you can be charged with harboring a runaway.

1 Answer | Asked in Family Law for Illinois on
Q: How do I get visitation for my child in another state?

I(father/never married) live in Wisconsin and pay child support to the mother of my child who lives in Illinois. The mother denies me access to our child. I don't know where to start and feel I need a lawyer, but can not afford one.

Cheryl Powell
Cheryl Powell
answered on Oct 31, 2020

You would have to file for parenting time in Illinois. Legal aid does not typic

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Ex husband engages in inappropriate behavior during his parenting time

My ex husband has parenting time every other weekend. Our daughters are 13, 9 and 9.

Last weekend my daughter walked by his bedroom at 2 p.m. when all of the kids were in the house and heard voices. The door was closed, but she could clearly hear him engaging in an online chat coercing... View More

James G. Ahlberg
James G. Ahlberg
answered on Oct 28, 2020

Contact the lawyer who handled your divorce, make an appointment immediately , bring in the daughter and the recording. Follow the advice the lawyer gives you.

If you did not use a lawyer when you got divorced, contact a lawyer immediately, make an appointment, bring in the daughter and the...
View More

1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Q: My son was taken out of his mom’s care in IL. He was adjudicated as dependent. Court ruled his mom unable (not unfit)

I traveled to the last court date from Oklahoma and was told that I could take my son home with me. They closed the case, and at the bottom of the court order, it is written, “All custodial rights of the minor are vested to (my name).” Does this mean that I now have full or sole custody of my... View More

James G. Ahlberg
James G. Ahlberg
answered on Oct 22, 2020

It sounds like you have sole custody of your son. You should see an attorney licensed to practice law in Oklahoma to figure out what your next step is in that state.

1 Answer | Asked in Child Support, Divorce, Family Law and Health Care Law for Illinois on
Q: What happens to my child support for Iowa but my ex wife is moving to IL. My son is covered by Iowa health insurance.
James G. Ahlberg
James G. Ahlberg
answered on Oct 22, 2020

Your child support is determined by the last court order. It doesn't change just because a parent moves from one state to another.

1 Answer | Asked in Family Law for Illinois on
Q: Can daughters boyfriend take kids from her. They unmarried . He is the father. Paternity tests were taken for 1child

He's threatening her by saying he's going to take the kids and have her declared mentally incompetent.

James G. Ahlberg
James G. Ahlberg
answered on Oct 22, 2020

Until a court order is entered determining when each of the parents has time with the children, the rights of the parents are exactly the same. It is not kidnapping to take your own child, unless a court order determines the other parent should have the child at that time.

In other words,...
View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My 14 year old wants to live with me.

We have a parenting agreement that is 3 years old. My 14 year old never wanted to live with her dad. I felt railroaded and signed the papers. Is there any way to do this without contesting? The father (who is not her biological father but is on the birth certificate) will not agree for her to move... View More

Cheryl Powell
Cheryl Powell
answered on Oct 21, 2020

If you want to change parenting rights and responsibilities, you have to contest if you disagree. That is the nature of family law.

1 Answer | Asked in Family Law for Illinois on
Q: I’m still married to my husband but had a baby with another man can that man get custody of my baby?
James G. Ahlberg
James G. Ahlberg
answered on Oct 17, 2020

Yes, if he can prove paternity.

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Illinois on
Q: Wife and I have divorce proceedings going on .. We haven't lived together 3-months .. but we agreed upon exchanging

some personal belongings ... she brought some unfamiliar faces with her - I have never seen them or met them even in our marriage reception I don't see them in pictures .. Her name is still on the lease ... How can I make them give me state issued IDs before they enter the Appartment .. I had... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 17, 2020

You have absolutely NO right to see their ID's. She can bring anyone she wishes into the marital apartment, and so can you. Your position is dead wrong.

1 Answer | Asked in Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant for Illinois on
Q: I am in a current situation where i am renting a basement to live from my parents. What are my rights?

I(21) am renting the basement from my parents house as a living area. We have a verbal rental agreement for $250 a month, with other basic rules (clean up after yourself, etc). My parents have been known to be very toxic and verbally abusive and since I am renting from them with a verbal rental... View More

Juan Ooink
Juan Ooink
answered on Oct 13, 2020

Not sure what you mean by "what i can do." You can always move out. If your parents wish to evict you, they will have to file it with the Court in the county where you live and deal with it in court in order to remove you. Not sure you or your parents want it to get to this level.

1 Answer | Asked in Family Law for Illinois on
Q: Can I sue the child support agency for the return of money that should not have been taken out.

My child-support finished in June. The mother filed for an extension and during that hearing in September it was discovered that I had overpaid. The credit was put on my account and the order stated not to withdraw any more money. In October they started taking money out of my check again. Child... View More

Cheryl Powell
Cheryl Powell
answered on Oct 9, 2020

You need to hire a lawyer to stop them from. Taking any more money out of your check.

2 Answers | Asked in Divorce and Family Law for Illinois on
Q: Can the sheriff serve a summons for divorce to my spouses parents house?

My spouse has been homeless for a while. I really need to get our divorce done. We’ve been separated since 2015. He said I can get them sent to his dads house. Will they serve it to his dad?

Thanks

James G. Ahlberg
James G. Ahlberg
answered on Oct 8, 2020

No, not unless your spouse lives there.

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1 Answer | Asked in Contracts, Criminal Law, Divorce and Family Law for Illinois on
Q: Property taken without consent

The night my wife called cops on me - Cops made her leave as she was trying to hurt herself and blame me ... she took my brother's car saying that she will be back next day to pickup her stuff - now lawyers are involved and I have permission to see my 6-month old baby - Lawyer is saying since... View More

Juan Ooink
Juan Ooink
answered on Oct 1, 2020

You have an attorney, you need to discuss this with your attorney. This is why you hired an attorney. No one here has the information that your attorney has.

1 Answer | Asked in Family Law, Child Support and Collections for Illinois on
Q: Was recently told my father failed to pay child support, I'm 21 now. Can I still sue for back child support?

If I can sue for the back child support what information do I need to do so?

Cheryl Powell
Cheryl Powell
answered on Sep 30, 2020

No. That money was for your mother to help her financially. It was not and never will be your money. But if there is a back child support order, your mother can sue him for it.

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: How hard would it be for me to adopt my stepson if the bio mom hasn't had any contact in over 5 years?

This includes not paying court ordered child support. We've been together 8 years and married for 3. Do we need her consent?

James G. Ahlberg
James G. Ahlberg
answered on Sep 30, 2020

You don't necessarily need her consent based on the facts you set forth, but it will be easier if you have her consent. Either way, you are required to provide her formal notice that you're attempting the adoption.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: i want to live with boyfreind i want to emancipate myself we had a kid but lost him im 15 i stuggle with mom i work

me and my boyfreind want to get an appartment i want to emancipate myself at 15 and a few months when ive been stuggeling with my mom for 3 years knew my bf for a year and months dont feel comfterable with my step dad i work and my boyfreind works when i was pregnant my mom put alot of stress and... View More

Cheryl Powell
Cheryl Powell
answered on Sep 22, 2020

It is rare for a 15 year old to get emancipated. You do not say how old the bf is.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: What can I expect to happen in court?

My ex-wife and her husband received TANF a few months back and now the state it coming after me for child support. Even though our divorce papers state that we agreed to neither of us paying child support or any sort of alimony. She said she is not going to be able to make it to our court hearing... View More

Cheryl Powell
Cheryl Powell
answered on Sep 22, 2020

Typically, you are sued by the Illinois Department of Human Services. They are not required to recognize your court order and can modify it.

Her presence id not required.

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