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Illinois Family Law Questions & Answers
2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: How hard is it to get full custody as a dad?

The mother of my kids doesn't let me get share custody. Now she has blocked me and my wife and can't get in contact with her or my kids. Im tired of this. I just want shared custody over my kids. My kids have mentioned to me that want to live with me? Does it help if I file for custody... View More

George W. Svoboda
George W. Svoboda
answered on Jul 21, 2020

Getting full custody may be difficult. The mother has rights too, unless she is abusive or neglectful. The children's wishes may be taken into account depending on their ages. Remember, they probably say different things to each parent. That is typical survival behavior. They want to please... View More

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2 Answers | Asked in Family Law and Child Support for Illinois on
Q: Hi, I was dating a girl 25 years ago, I found out she was married , and told Her I didn’t want to see her anymore , she

Got very angry , then told me

She had clomidia, then the next week said she was pregnant,.. then I never heard from her again .. I never had her phone number , she always had her sister drive her to my house ... 24 years later , I get a message on Facebook from a girl who claims she is my... View More

George W. Svoboda
George W. Svoboda
answered on Jul 20, 2020

You should be very careful what information you give out. You might need a written contract to protect yourself. They could try to go after you for back child support. A Tennessee man was ordered to pay $160,000 in back child support in a case like yours. That case was upheld on appeal.

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2 Answers | Asked in Family Law and Child Custody for Illinois on
Q: Are both my parents responsible for helping me pay for college? I'm hoping to get scholarships and grants but

my mom told me dad has to pay half my college education but they have no agreement for college. Something about going to mediation if the three of us can't agree.

George W. Svoboda
George W. Svoboda
answered on Jul 20, 2020

There is no right to college in Illinois and there is no law that states that your parents need to pay for your college. You will be an adult when you go to college. Your parents are only responsible for you at that point if they choose to be. This becomes tricky for a college student if their... View More

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I’m Lilli’s stepfather, her mother lives with me. Sorry for the confusion
George W. Svoboda
George W. Svoboda
answered on Jul 20, 2020

Ahh, OK. There are two types of custody, legal custody and physical custody. I understand that the mother and father have joint legal custody in California. Physical custody is still being decided, but it seems that Lilli's mother has temporary physical custody. This is really a California law... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Do I have to send my 15 year old back to California if she doesn’t want to go? We live in IL and she wants to stay.

Her mom currently has an open case in California where she has joint custody of Lilli but he is the primary. Lilli wants to live here in Illinois with us now and her father is demanding she return even though she doesn’t want to go back. He’s told her multiple times she could live here and... View More

George W. Svoboda
George W. Svoboda
answered on Jul 20, 2020

You don't state what your relationship is to this child. Her parents have legal custody. They have a right to have her returned to them in California. Lilli is not old enough to be declared an emancipated minor in IL. If you don't comply with the parents' wishes, they could sue you... View More

2 Answers | Asked in Family Law and Elder Law for Illinois on
Q: My mother fell in her apartment and wasn't found for a period of time. She was not able to give the hospital my number.

Now she a ward of Illinois. I live in California and have identified myself as her daughter to the guardian. What do I have to do to have it dropped? No one (hospital lawyer, social worker) will assist me. Thank you.

Cheryl Powell
Cheryl Powell
answered on Jul 17, 2020

Hire a private lawyer who does guardianship for the elderly. State guardianship is theist thing the state ever wants. It is likely that they would want to make sure that you and your mother do not lose contact again. Perhaps she lived at home and is now in a facility? So they can notify you if... View More

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I will be 17 my first year in college. Do I have to follow a parental schedule if I didn't agree.

I will be graduating HS a year early and will turn 17 first quarter in College; out of state. Do I have to follow a parental plan if I didn't agree? If I visit one parent and not the other on breaks can the parent get in trouble?

Cheryl Powell
Cheryl Powell
answered on Jul 15, 2020

Visitation, or parenting time, is determined between your parents. They should have a court order specifying transportation, etc. and everyone goes by the court order. If anyone, including you, does not want to abide by the terms of the court order, there should be a family meeting where it is... View More

1 Answer | Asked in Family Law for Illinois on
Q: Engagement ring and wedding band purchase 4 days after wedding - isn’t the engagement ring considered a gift?

I thought if a ring is up graded than it is martial property. But if an engagement ring is given to you by your spouse it is not marital property

The female gets the ring. A wedding ring would be marital property. But engagement ring is different correct?

Cheryl Powell
Cheryl Powell
answered on Jul 15, 2020

If the engagement ring was not given until AFTER the wedding, it is a gift, but still marital property, and the debt was incurred DURING THE MARRIAGE, so it is a marital debt.

In a divorce case, it is typical for each spouse to pay the debt on whatever property they are getting. So...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: If my ex purchases a car for our child without talking to me, am I obligated to pay half the vehicle fees and insurance?

Parental agreement doesn't cover drivers license or car insurance. No child support but we are suppose to pay 50/50 of medical, school and extra-curricular activities.

Cheryl Powell
Cheryl Powell
answered on Jul 15, 2020

No, you are not obligated because no child NEEDS a car. However, typically in these situations, the child holds it against the parent that will not help them pay for the car. Sometimes it helps to help them get a car, say you will help them pay for it if they can't but make sure they are... View More

1 Answer | Asked in Family Law for Illinois on
Q: If rings were ordered before marriage and purchased 4 days after marriage. Husband still owes on ring is it marital debt
Cheryl Powell
Cheryl Powell
answered on Jul 15, 2020

Yes. It is marital property purchased for a marital purpose during the marriage. The ordering date is irrelevant.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: If I am 17 can I choose which parent I want to live with if they are still married?
Cheryl Powell
Cheryl Powell
answered on Jul 13, 2020

No, you cannot decide where you want to live, whether they are married or not.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Do you get a refund on overpaid child support?

My son moved in in December, in January I started the process of stopping child support it has been pushed out until the end of July due to covid. He turned 18 june 30, the original end date.

Cheryl Powell
Cheryl Powell
answered on Jul 13, 2020

You know what the rules are. He is a minor who is able bodied. Give the child support checks back to the business.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: A father has not seen his child since she was 3 and she is now 16. Due to a false accusation that got thrown out by

police and he has been scared to be involved ever since. Can mother 13 years later after denying any contact take father for child support?

Cheryl Powell
Cheryl Powell
answered on Jul 6, 2020

That scenario is unlikely. If she knew where he was all of this time and wanted it, she should have filed.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What kind of petition do we fill out to stop his ex from using a different last name for his kids?

His ex wife has been using her new married name on one of the child’s sports related stuff like rosters and cell service phone cases, game controllers and school stuff sometimes

Cheryl Powell
Cheryl Powell
answered on Jul 5, 2020

This would be a miscellaneous relief case, temporary restraining order, and preliminary injunction. It is not a form.

I would suggest that she is doing this to aggravate him. It may also be if he is at a letter closer to the top of the alphabet with stepdad's name.

They have...
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2 Answers | Asked in Family Law for Illinois on
Q: Filed divorce Feb 2020. I filed my taxes for 2019 separately and she is saying she is legally entitled to mine. True?

My soon to be ex filed for divorce on 2/2020. I filed my 2019 taxes married filing separately. She is insisting she is entitled to my complete 2019 tax return. I told her I would give her any information she needed, but she wants the entire return. I am not getting a refund and owe a lot of money.... View More

Cheryl Powell
Cheryl Powell
answered on Jun 30, 2020

All income earned during the marriage is marital property. Tax refunds included.

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1 Answer | Asked in Family Law for Illinois on
Q: I have a 17 yr old. We planned to go away for 6 days, now he's refusing. What can I do?
Cheryl Powell
Cheryl Powell
answered on Jun 28, 2020

Make arrangements for him to stay with someone else that you agree upon or find someone else to stay with him.

1 Answer | Asked in Family Law for Illinois on
Q: What can biological parent (Mother) do if Petition for Guardian of Person (Daughter)has been issued ?

Petition brought pursuant to chapter 755 sections 5/11-5 of Illinois Compiled Statues Petitioner is paternal Aunt

Cheryl Powell
Cheryl Powell
answered on Jun 23, 2020

Petitions are filed. Letters of office are issued. I am not sure where the case is procedurally, but suffice it to say that mother needs a lawyer, asap.

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: If I get remarried to my ex does the prior divorce decree become null and void or will it go into effect if we split up?

We divorced in 2010 and he received custody of the kids. We have since gotten back together and remarried. Did the original decree become null and void when we remarried? If we get divorced again will it take effect or will a new one be in place?

J. Richard Kulerski
J. Richard Kulerski
answered on Jun 23, 2020

You will have to file for a new divorce.

1 Answer | Asked in Family Law for Illinois on
Q: Is there away to revoke temporary guardianship?

2018 my first child (son) was born. My husbands step mother manipulated me into thinking DCFS was coming after my son she made me believe they were coming to get him right after he was born on May 23 2018. She brought in temporary guardianship papers and made me sign them. She says they were only... View More

Cheryl Powell
Cheryl Powell
answered on Jun 21, 2020

I take it that you do not have a copy of what you signed. Some cases can be done without a lawyer, but this one is more complicated. Much depends on what you signed. It sounds like even she agrees that what you signed was temporary. A lawyer will file a pleading with the court. In response,... View More

1 Answer | Asked in Family Law for Illinois on
Q: Can someone become a court appointed legal guardian over a married 19 year old? Im married, but my mother still threats.

My mother is an EXTREMELY controlling and woman. She has threatened me to take me to court to become my legal guardian (even though I was 18) over two single incidents rhat happened when I was 16. A hospitalization for Anorexia and issues with a phone. I have completely recovered from the eating... View More

Cheryl Powell
Cheryl Powell
answered on Jun 19, 2020

No, no one can become your legal guardian unless you are incapable of caring for yourself as deemed by a physician. Stop putting up with her. And your husband would have priority if you got a guardian anyway, not your mother. Age 18 and marriage, those ties are broken.

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