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Illinois Family Law Questions & Answers
1 Answer | Asked in Family Law and Immigration Law for Illinois on
Q: Canadian fiance wants to come to US to marry me, does not ever plan to live in the US. Does he need a K-1?

I'm a US citizen. He's a Canadian citizen. We had hoped for a small ceremony in March, then pandemic. We plan to apply for my PR in Canada and live there.

Kevin L Dixler
Kevin L Dixler
answered on Jun 11, 2020

In general no, but the purpose of his visa can create challenges, because there is a legal presumption that all applicants for admission have immigrant intent. He must overcome that presumption, if challenged. If he identifies the purpose of his visit, the CBP can reasonably presume that he has... View More

2 Answers | Asked in Family Law and Child Custody for Illinois on
Q: Yes I've been getting harassed by my girlfriend parents and the local police in her hometown

Yes, I'm currently going through a rough time in life right now, my girlfriend lives with her parents with our kids and I live with my parents. As of right now her parents try to get me in trouble anyway possible they even have the police fallow me thru town when I go to pick up.my kids. As of... View More

Cheryl Powell
Cheryl Powell
answered on Jun 6, 2020

Absolutely! If you signed the birth certificates, you need to go to court to get visitation established. If not, you will need to establish paternty first and, if contested, you will need dna tests. $650 for first kid, not sure about how much per kid after that.

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2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: What will the legal consequences be of running away at age 17, I dont care that im free at 18.

I want solid answers, If I go live with a trusted relative who keeps quiet will they get in trouble? I wouldn't tell anyone where I'd go, I just need to know what would happen to those people. Also if I have a job and police or my parents confront me there would they be able to take me... View More

Cheryl Powell
Cheryl Powell
answered on Jun 2, 2020

Yes, anyone helping you can be charged with a felony for harboring a runaway.

Your parents have complete authority and control over you. As a practical matter, if the police find you and you are not suspected of a crime, you would be taken to the police station. Your parents would be...
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3 Answers | Asked in Divorce and Family Law for Illinois on
Q: I am pregnant but my lawful husband is not a father. Who will be mentioned as a father on birth certificate?

Hello. I separated from my husband 6 months ago but we haven't been divorced yet. I found that I am pregnant with my new boyfriend.

Who will be mentioned as a father on birth certificate?

Do I have to put the name of my current lawful husband or I can put the name of... View More

Daniel J. Kollias
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answered on Jun 1, 2020

You can put the name of the biological father on the birth certificate. He will have to sign a Voluntary Acknowledgment of Paternity.

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1 Answer | Asked in Family Law for Illinois on
Q: Can a judge FORCE visitation on me on days I can’t or don’t want to have my kids? I work late and can’t some days.

I get off work 8pm every day Monday through Saturday except Sunday. I would like to see them every Sunday and their mother said if I don’t see them more days during week she won’t allow any visitation. I can get fired if I miss a day. Can a judge force visitation on me on days she wants even if... View More

Cheryl Powell
Cheryl Powell
answered on May 29, 2020

Absolutely, a judge will never force visitation on anyone. If you do not want to see them, you might neglect them or put them in harm's way.

1 Answer | Asked in Family Law for Illinois on
Q: My mother is verbally abusive and I live with her every other week. I don't want to go back.

I'm constantly punished for having a good relationship with my dad. I don't play "the game" like my brother does, by telling what she wants to hear. My brother tells her what she wants (even if its lies) just to stop her from yelling. I'm called a liar, spy, lazy even... View More

Cheryl Powell
Cheryl Powell
answered on May 23, 2020

Yes, your father would have to hire a lawyer and file a petition for modification of custody. One of your parents might be eligible for free legal services.

1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Q: Can i transfer a dcfs case out of state

I have court july 9th 2020

Cheryl Powell
Cheryl Powell
answered on May 22, 2020

It is possible for a judge to do that.

2 Answers | Asked in Family Law and Child Support for Illinois on
Q: My husband has overpaid his child support

Court ordered support has been withdrawn from paycheck in IL for child residing in OR. IL says he has overpaid around $3200. Oregon says arrears of the same amount and we cannot get anyone to speak with. Just received notice that his stimulus check was kept to put towards arrears. What is suggested... View More

Cheryl Powell
Cheryl Powell
answered on May 19, 2020

The answer is to go back to the court orders:

$50/wk from x to x

$25/wk from x to x

Make a list. Go to the perpetual calendar if dealing with weeks. Compare the required payments to the payments made. If arrearages are already calculated at one time, go back to that order...
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1 Answer | Asked in Family Law for Illinois on
Q: I’m 7 months pregnant

and an ex stopped by I knew better than to let him in I have changed all my people places and things that should not of answered the door but I used methamphetamine’s for four days am I gonna lose my baby when it’s born

Cheryl Powell
Cheryl Powell
answered on May 16, 2020

It depends on whether u or the baby test positive when the baby is born.

1 Answer | Asked in Family Law for Illinois on
Q: Is there anything I can do about DCFS taking "protective custody" last week?

The assistant States attorney tried to trick us out of the hearing, then tried to threaten us then tried to have our children's attorney talk us out of the hearing, we weren't granted access to the paperwork they had we weren't assigned attorneys still aren't and no court... View More

Cheryl Powell
Cheryl Powell
answered on May 13, 2020

This is the covid world now. It is not operating very effectively but everyone is learning as we go along. As for visits, dcfs pre covid only had to give you a minimum of one hr. Per week, generally. Now they are doing it on facetime, zoom, whatever, because people cannot be seeing each other in... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How can I keep my daughter?

My 5 year old daughter currently resides with the man that signed her birth certificate. She is in unsafe living conditions. She constantly comes back me dirty and in dirty clothes. He has broken the signed custody agreement, on March 16th was the last time I had a visitation with my daughter.... View More

Cheryl Powell
Cheryl Powell
answered on May 10, 2020

I do not know Indiana law. However, i can advise to have the bio dad to run to a lawyer now. You are complicit in defrauding the government in lying to them about the father when you signed the voluntary acknowledgement of paternity. He is not.

1 Answer | Asked in Family Law for Illinois on
Q: joint divorce application representation?

Hi, after being separated for a long time, my wife and I would like to divorce. We have no kids, no property, no pension, very little money in the bank, and have no claims against each other. We would like to file a joint divorce application. Can the same lawyer represent both of us? Thanks.

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

No, a lawyer can only represent one party.

1 Answer | Asked in Family Law, Civil Rights, Gov & Administrative Law and Juvenile Law for Illinois on
Q: I live in Illinois and I have consent from both my parents. I am 16 do I need to be emancipated or may I move out?

They both have given me complete consent and I am wondering if I need to go to court for emancipation or if I may tell them I am moving out now. Which they would be fine with. I'm just wondering if it is legal or not? Would the police send me home if they found me? I have a job I make 200-400... View More

Cheryl Powell
Cheryl Powell
answered on May 7, 2020

Your statement that you would be willing to live on the streets is proof of your lack of maturity. If the police find you, yes, they will turn you over to your parents. Then family services is supposed to help you and your parents work things out so you can come home. So, yes, you would need an... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Can dad give custody back to mom without paying for a lawyer or going to court?

Dad took Mom to court for custody of 15yo daughter. Mom didn't fight it, Dad got custody. Dad is an emotional abuser and it's not working out. He won't just let her go back to the mom without going to court "because he doesn't want to pay child support". Is there a way... View More

Brian W. Reidy
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Brian W. Reidy
answered on May 7, 2020

Parties can agree to modify parenting time without a court order. Parties cannot modify child support orders without a judge signing an order. If the goal is to modify parenting time, the parties can agree and they should put any agreement in writing.

If the child lived with mom, dad would...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Is there such a thing of abuse of primary authority of decision making of minor children?

Our child had braces about 5 years ago and now has them again but my ex doesn't feel there is enough progression (3 months) and wants them taken off and a new type put on. We have already entered in a 2 year contract with the Orthodontist and insurance has already paid their portion. This... View More

Brian W. Reidy
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Brian W. Reidy
answered on May 7, 2020

It may not be abuse, but it certainly is a basis for you to seek a modification of your financial responsibility. Given the facts that you have presented here, I believe a judge would not hold you responsible for 50% Or any other amount if you file a timely motion. You might also consider filing a... View More

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: What it means to divorce after 16 yrs. 27months old involve. Both parents are type1 diabetic. Mother is always homemaker

My husband emotionally abusuing me. I am well controlled diabetic but also has hypoglacemia history. Paramedics treated me few times. Will i loose my child custody? Though last hypoglecemia happened four yrs back in different country.

My husband is also well controlled type1 diabetic. Does... View More

J. Richard Kulerski
J. Richard Kulerski
answered on May 4, 2020

You have not provided enough facts to allow for a definitive answer, but there isn't anything you have said that would indicate you would not receive at least 50% of the parenting time. Your depiction of your health condition does not hurt your chances of being the residential parent. The fact... View More

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2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: Can my child move in with me even though his mom has primary physical custody?

We have 50/50 custody, but were never married and she has primary physical custody. We all live in the same town. He's 14 and wants to live with me. Is he free to do so, or do I need to go to court first?

James G. Ahlberg
James G. Ahlberg
answered on May 1, 2020

You have to go to court first. Your child does not have a free choice of where he lives until he becomes an adult at 18.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: Can my husband take the kids and move far away in state or out of state before I file for a divorce

I am unfit mother and want to get custody or visitation can I and how would I do it

J. Richard Kulerski
J. Richard Kulerski
answered on Apr 27, 2020

Your situation definitely requires a lawyer. Until a case is filed, either parent can go wherever they want with the children, but he or she might have to bring them back after a case is filed. This depends on many factors - one of the biggest of which is whether or not the move was out-of-state.... View More

1 Answer | Asked in Family Law for Illinois on
Q: My mother was removed from my life about 10 years ago by myself and husband ,she is a toxic person and can’t be trustes

She has been told repeatedly to not come to my house, call, send items in the mail or contact myself or my children under any circumstances. Again she is toxic and not welcome in my life, especially around our children. My husband is 100% in agreeance. However, she continues to send items in the... View More

James G. Ahlberg
James G. Ahlberg
answered on Apr 2, 2020

You need to go to court and get a "no contact - no stalking" order. Almost any general practice or family law lawyer can help you with this.

1 Answer | Asked in Estate Planning and Family Law for Illinois on
Q: I have a question about parents cremains. Sister has my moms and I'd like them split along with my dads.

My sister has my moms cremains and I'd would like them split. So my sister and I each have 1/2 and my parents are together. My sister says because she has had the remains at her house because my dad didnt want them at his house when she first passed away that they are hers. Legally do they... View More

Charles E. Hutchinson
Charles E. Hutchinson
answered on Apr 1, 2020

The easy answer to this is "no", your mother's ashes do not legally belong to your sister. I hope the two of you can work out this matter amicably and not have to take it to court.

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