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Illinois Family Law Questions & Answers
1 Answer | Asked in Family Law for Illinois on
Q: Does my daughters father get her for a week.

I have all custody of my almost 12 year old daughter, her non custodial father gets visits. My daughter is out of school this week because its closed due to coronavirus. Shes out of school next week because of spring break, which its my break with her. She's out the following week because... View More

Marilyn  Johnson
Marilyn Johnson
answered on Mar 16, 2020

You need to follow what it says in your parenting agreement. However, in all likelihood it usually is in the child's best interest to be with one of the parents. So in the event that you are not available that week, you should consider the father.

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Illinois on
Q: I'm 16 and live in illinois. I want to be emancipated from my parents. How do I do that? My home is unsafe to live i

My house is in awful condition. Its unfit and unsafe to live here. My parents wobt consent to my emancipation and may become violent. I have people that would let me live with them. I dont know what to do.

James G. Ahlberg
James G. Ahlberg
answered on Mar 14, 2020

It's not easy. To learn how it is done, go to this website: http://www.ilga.gov/legislation/ilcs/ilcs.asp

On the window that opens, click on Chapter 750 FAMILIES.

On the next window that opens, click on 750 ILCS 30/ Emancipation of Minors Act.

Pay particular attention...
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1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Is there a time period for a child to speak to a judge on which parent they want to live with?

A year ago our children were able to speak to the judge when a modification of parental time and responsibilities occurred. In a year we will be filing a new motion parental time and responsibilities due to change in circumstances. Our youngest (14) no longer wants to spend as much time at the... View More

Marilyn  Johnson
Marilyn Johnson
answered on Mar 9, 2020

It most definitely depends on the judge that you are before. Some judges will never talk to the children. You should file a Motion for In Camera Interview and request that the judge interview the child. If the motion is denied, the judge may appoint a GAL or you may need to file a Motion for... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How does clarification of a court order work?

There are a few disagreements occurring with our allocation of responsibility order and I would like clarification on the wording. It's clear that I read it one way and my ex reads it a different way.

Marilyn  Johnson
Marilyn Johnson
answered on Mar 9, 2020

You can file a Motion for Clarification. The court can then review the provisions in your Allocation Judgment that are at issue and hopefully clarify it for you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: When is a good time to file a motion of contempt?

My ex has primary authority on medical however they are not following the court order reading having discussions with me on medical procedures, notification of appointments or providing me access to the healthcare provider information.

I want to make sure I have enough supporting information.

Marilyn  Johnson
Marilyn Johnson
answered on Mar 9, 2020

Your judgment may indicate how you are to communicate with your spouse which be via Family Wizard, email,etc. If so, communicate as is required by the judgment. If not, communicate in writing so that you can present written evidence in court as to the violation of your judgment.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can a child request a change in parental time?

Our child would like to change parental time but know it will upset the other parent.

Can I petition the court for a change on behalf of the child or would I be petitioning as the parent with cause?

If I am able to file a motion for change, what documentation can I provide to the... View More

James G. Ahlberg
James G. Ahlberg
answered on Mar 9, 2020

You are the one who would file a motion or petition, not your child. The documentation you need is going to vary depending on the reasons the modification of parenting time is sought.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Im 20, my girlfriend is 16 .we have a baby coming and dont live together. What are my rights.

She lives with her mom. He mom doesnt want us together. Can her mom keep the baby from me. Since my girlfriend will be a parent does that make her an adult?

James G. Ahlberg
James G. Ahlberg
answered on Mar 7, 2020

You've got a problem. The age of consent (when your girlfriend can agree to have sex) is 17 in Illinois. If you're 20, it appears you've committed statutory rape. Your girlfriend doesn't become an adult just because she has a baby. I'd say it's up to a court as to... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What if my 15 year old doesn't want to go into the court room.
Marilyn  Johnson
Marilyn Johnson
answered on Mar 4, 2020

You didn’t provide enough information. If a court order was entered that you are to bring the child to court and it. It complied with, you could held in contempt of court. If there was a court order, then you must encourage her to comply with the order. If there was not a court order entered to... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: If I have a daughter and I didn't marry, can I take my daughter on a week vacation out of state?

We have not gone to court for any type of custody or for any other legal action.

Marilyn  Johnson
Marilyn Johnson
answered on Mar 4, 2020

Yes. You can take your child out of state for a week. You should inform the father of the details of your trip so that he is fully informed. If you do not inform him, he may become very concerned and worried.

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: How do I stop an adoption in Illinois and they never notified me?

I have 2 children that my mother has guardianship of and the guardianship was filed in Indiana so I petitioned the court to terminate the guardianship. In return my mother goes and gets an attorney in Illinois and filed for adoption of my 2 children. I have not been notified of the adoption in... View More

James G. Ahlberg
James G. Ahlberg
answered on Mar 3, 2020

You should immediately hire an attorney in the county where the adoption case has been filed. Bring all the paperwork related to the Indiana guardianship with you to the first appointment with the attorney. Explain what's happening and he or she should take it from there.

1 Answer | Asked in Family Law for Illinois on
Q: What can i do if someone mental and emotional abuses me?

My dad says some rude things to me but me trying to stop talking to him doesnt work

Marilyn  Johnson
Marilyn Johnson
answered on Mar 2, 2020

If your dad is saying rude things to you there more than likely is nothing you can do about it from a legal standard. You should talk to your mother about it or a responsible adult.You could even talk to your school counselor.

1 Answer | Asked in Family Law for Illinois on
Q: Can I start the name change process in Illinois before I turn 18?

Hello, I live in Illinois and want to change my name for personal reasons. I'm currently 17 years old but I turn 18 in April. I know that the name change process takes some time so I wanted to know if it was possible to START the process right now (file a name change notice in the newspaper... View More

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

If you're going to do it on your own you've got to wait until you're 18 years old to file. If a parent or guardian is willing to sign documents for you, you can begin now.

1 Answer | Asked in Family Law and Adoption for Illinois on
Q: Can I get my parental rights reinstated if I signed them away a few years ago?

I signed my rights away when my daughter was being fostered by my cousin. I had a drinking problem but I’ve been sober for a while now. Can I get my rights back?

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

There is no way to answer this without reviewing the paper you signed at the time.

1 Answer | Asked in Family Law for Illinois on
Q: If there is no visitation order for 6 years can I the sole custodial parent move out of state
Marilyn  Johnson
Marilyn Johnson
answered on Feb 28, 2020

More information is needed. If this is a paternity matter and there has been no finding by the court who the natural father is, then you can move out of the state. If there has been a finding or you are or were married to the father, then you will need a court to do so if there is no written... View More

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: My ex get public assistance. Now she wants C.S. will i have to pay back child support although I've taken care them

I have bills I've paid, receipts, and statements that 70 percent of my check went towards living for all my family, my ex and two of my kids. Been together 23 years and she only worked 12 of them and I have notarized letters that I gave her child support every year until recently. I lost a job... View More

Marilyn  Johnson
Marilyn Johnson
answered on Feb 28, 2020

If there is a child support order, you are responsible for that payment. You are entitled to visit with your children, but if former wife does not allow you to have parenting time with the children then you will need to petition the court for parenting time. If there is already an order for... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Sec. 513. Educational expenses for a non-minor child.

(a) states the court may aware sums of money out of the property and income.... for education expenses. Would an inheritance be used as a determining factor in what is available to pay for a non-minor child's higher education?

Would the court normally order a financial discover be... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 26, 2020

The answer to both your questions is yes.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: He was left a hefty inheritance so he quit working and now his children are doing without. Can he get by with this?

The father quit working and has been living off of an inheritance; buying large extravagant toys for himself, his girlfriend and their child, yet his other children have gone months without any child support and his ex wife has been fighting him for his court ordered health insurance for his... View More

Cynthia Rote
Cynthia Rote
answered on Feb 26, 2020

The mother should go to Court and ask for an order modifying child support and a judgment on any past due child support. The Court may consider the inheritance in ordering a lump sum child support payment or other monthly payment (especially if the father is living off an interest from the... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: 50/50 custody.

I plan on discussing with my lawyer when the time comes. I dont have the extra $ right now and because of the tender age of my daughter i know it will not happen. I just wanted to know if i keep up with everything and keep doing what im doing if my chances will be greater. I already know her mom... View More

Marilyn  Johnson
Marilyn Johnson
answered on Feb 25, 2020

You should continue to follow the parenting time schedule and to be actively involved in your child's life. You definitely should not agree to change your child's surname. Do not miss any parenting time, attend school functions and attend extracurricular activities. If you do that , it... View More

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Can she seriously do this?!

My husbands ex wife had custody of their daughter. We had her every summer and every other weekend and for a year while she was in high school....the entire time we were paying the mother (except during months the girl was with us) and getting receipts from her with no problems. Never needed to go... View More

Marilyn  Johnson
Marilyn Johnson
answered on Feb 25, 2020

Yes she can petition the court for child support arrearages. The child support order should been modified years ago due to the change in the custodial parent. As it was never modified, the child support plus interest is owed. The payor has to provide proof of the payments. So if the former spouse... View More

1 Answer | Asked in Family Law for Illinois on
Q: I have sole custody and non custodial parent has absolutely no visitation for about 7 years can I move
Cynthia Rote
Cynthia Rote
answered on Feb 25, 2020

If you are moving out of state or further than 25 miles you must provide notice to the other parent, obtain signature of that parent and file a notice with the Court at least 60 days before you move. If you cannot get a signature of the parent you must file a Petition with the Court seeking... View More

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