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Illinois Family Law Questions & Answers
1 Answer | Asked in Family Law for Illinois on
Q: What can a parent do to get their 17 year old to move from one town to another when the kid is refusing to?

We have to move and he is refusing to because he don't want to leave friends. I'm a single parent with full custody and his dad isn't involved. I refuse to sign over any parental rights. He has begun to hang around a bad group of kids not long ago and leaves when he wants to and... View More

James L. Arrasmith
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answered on Dec 31, 2023

As a single parent with full custody facing a situation where your 17-year-old is refusing to move with you to another town, it can be challenging. It's crucial to prioritize your child's well-being while also addressing their concerns. Here are some steps you can consider:

1....
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1 Answer | Asked in Family Law for Illinois on
Q: I have a brother that is mentally ill and is being abused by his mom and my dad In Illinois. What can be done?

He was abandoned by his mom and left on the street of California as a small child. He then became ward of the state of California. He was living in a facility in California called Laurel behavioral health his whole life up until the age of 46. That’s when his mom and my dad got the bright idea to... View More

Michael Goldberg
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Michael Goldberg
answered on Dec 22, 2023

If you believe your brother is being abused, you should first call the police and file a police report. His parents have guardianship of him at the moment, but that can be ended by the court that oversees guardianship. If you wish to become his guardian to make decisions for him, you can petition... View More

2 Answers | Asked in Family Law and Probate for Illinois on
Q: Beneficiary Rights to Mothers Estate, information is not being shared by Executor.

It appears that the Executor

is not being fair or impartial and it is not in the best interest of the beneficiary, my mom. I believe my grandma’s estate is being mis-managed. We would appreciate some guidance on what we, as a family, can do for my mom. Please let me know if you need... View More

Cheryl Powell
Cheryl Powell
answered on Dec 14, 2023

The first thing is that there are timelines. Was there a will? If so, it should be filed within 30 days of death. And an inventory should be filed 60 days after the will was admitted to probate. Has your mother received an inventory?

Timeliness are not as strict if there was no will.

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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: In Illinois, an ex-spouse is hiding money by paying their new partner, who works for their business. Is this legal?

Ex-spouse owns a business and is claiming that their business is not doing well and that yearly "true-up" payments need to be reduced. One of the ways they are hiding money is by paying their new partner, who works for their business. By paying their new partner very very large sums of... View More

Daniel J. Kollias
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answered on Dec 8, 2023

Is the "new partner" a business partner or a domestic partner? Assuming the question refers to a new domestic partner, the answer will depend on several factors, including whether the new partner is actually working for the business and whether the amount being paid to the new partner is... View More

1 Answer | Asked in Domestic Violence and Family Law for Illinois on
Q: Does a victim in a domestic violence case have to testify?

i am a victim in a domestic violence case and i got a subpoena. i understand i have to be at court and i will but i don't want to testify because i don't feel comfortable i have social anxiety. i have never been in trouble before and i don't know my rights. what happens if i refuse to testify?

Cheryl Powell
Cheryl Powell
answered on Nov 29, 2023

If you refuse to testify you can be arrested and charged with obstruction of justice or some other penalties. You have been subpoenaed. Failure to appear and testify is a violation of the law. Most state's attorneys have victim witness coordinators. You should call that person at the... View More

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Hi,I have a case coming up Monday via zoom for back child support I've been looking for someone that can help me

Are there any pro Bono attorneys? I've been unable to work because of mental health issues is there anyone that could help

Cheryl Powell
Cheryl Powell
answered on Nov 29, 2023

I assume that you are being sued and have to defend a Rule to Show Cause. You should explain your reasons to the judge. If you have not previously filed a petition to modify child support, you should and explain why you cannot earn the same living as you did previously. Your reasons should... View More

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Illinois on
Q: My Daughters step father sexually abused her she’s 15, Dcfs said she could no longer be around him so her mom sent her

To live with me, the father. She’s been here one week transferred schools and is settling in well, now her mom found out her husband is going to jail and will not be there an she needs a sitter for the other children so she wants to take my daughter back. My daughter wants to go back because she... View More

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2023

Under these circumstances, it is unlikely that you would prevail in this case unless you could prove that the mother knew it was happening and chose not to intervene. There are over 15 relevant factors but this is the biggest one in this situation. The law errs on the side of stability. If the... View More

1 Answer | Asked in Family Law, Child Support and Identity Theft for Illinois on
Q: I need a legal lawyer regarding a child support order that wasn't legal and identity thief by my deceased father .

My ex wife who had 2 children by my biological father and I left Illinois with a known address but wasn't notified and now the child in question ❓ is 45 with grandchildren and my ex is still receiving and I went to a court but they said they couldn't stop my social security benefits... View More

Cheryl Powell
Cheryl Powell
answered on Nov 11, 2023

Let's try to uncomplicate these issues a little bit. Your ex wife had 2 kids with your father but was never married to him. He is now dead. Do I have this accurate so far? One of those children is 45 with grandchildren. Your ex is receiving what and why?

Identity theft. Get a...
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1 Answer | Asked in Family Law, Elder Law and Probate for Illinois on
Q: Can you help me find out what happend my Mother ?

I'm retired, and handicapped, living in Florida. Her granddaughter found her obituary on line this week. My mother passed away Sept. 8. She passed away in Great Lakes. None of the family was notified. I can't find out where her personal belongings are or even where she died. The police in... View More

Cheryl Powell
Cheryl Powell
answered on Nov 9, 2023

I found the obit. Did you call the funeral home at Seguin and Symonds Funeral Home in Highwood? Somebody paid for the funeral. I am guessing that she got married to someone who lived in Great Lakes. The funeral home usually puts people in touch with each other.

1 Answer | Asked in Elder Law, Estate Planning and Family Law for Illinois on
Q: My brother has POA over my Mother. She's in the hospital & he's not forthcoming of her. Can I contest the POA?

I just want to know how is she doing medically and I'm not being told anything. I ask the nurses and I'm being told you are not the sister I can say anything to. I'm also worried what is going to happen when she does go back home to my brother's house because he made visiting... View More

James L. Arrasmith
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answered on Nov 9, 2023

If you believe the power of attorney (POA) is being abused or your mother’s best interests are not being served, you have the right to contest it. You would typically need to file a petition with the court to review the actions of the POA and evaluate your mother's current competence. The... View More

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: I have been married for three years and six months. . .am I obligated to paying alimony to my spouse upon divorce?
Christine S. Janis
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answered on Nov 7, 2023

The easy answer to your question is "maybe." Whether or not you are obligated to pay alimony - now called "maintenance" - depends on a number of factors, including not only how long you have been married, but who is the primary earner and amount of your respective incomes. And... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Illinois on
Q: could we beat DCFS if disposition taken under advisement?

fighting DCFS. judge took disposition under advisement as we provided exhibits to back our testimony that caseworker had lied about having an empty file for respondent parents. Evidence given were emails from the case worker suggesting where to go for assessments, certificates of completion, drug... View More

Cheryl Powell
Cheryl Powell
answered on Oct 18, 2023

Yes. Sometimes a judge wants to make a written finding and send it to everyone in writing, sometimes they want to enable saving face for a party or a witness. Or sometimes they haven't made their mind up yet and are rethinking witness testimony. There can be a number of reasons for a judge... View More

2 Answers | Asked in Divorce and Family Law for Illinois on
Q: I filed a petition for divorce and summons. Respondent was served by the sheriff. An answer was filed by the Responden.

The Respondent did not send me a copy of the answer. Will I be able to file a motion for default judgment after 30 days? Or is there another motion I should consoder?

Christine S. Janis
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answered on Oct 18, 2023

So long as the Respondent filed his Answer with the court after being served, the court would be unlikely to approve a default judgment against them unless they took no other action moving forward in this case. While the failure to provide a copy of the Answer to you is something you could (and... View More

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1 Answer | Asked in Family Law for Illinois on
Q: I Need to dissolve guardianship of my adult sibling. He’s out of control and abusive and nothing I do is helping.

My 56 yr old brother is deaf, developmentally disabled and alcoholic and now using weed as well. He has become out of control and has become violent towards me. In the past year he has been evicted from his apartment, kicked out of a motel, kicked out of a homeless shelter and now staying in... View More

Cheryl Powell
Cheryl Powell
answered on Oct 9, 2023

It should not be a long process. File a Petition to Terminate Guardianship and a Petition to Appoint the Office of State Guardian. If you are indigent, filing fees can be waived. OSG will normally take guardianship in indigent cases. If not indigent, find out from Circuit Clerk who your local... View More

1 Answer | Asked in Elder Law and Family Law for Illinois on
Q: Can my sister (POA of my 92yo mother in a nursing home) get an order of protection to prevent my visits with her?

She rarely visits her & I'm there every day. Our other siblings don't care. She has lied to our mom about how she can't sell her house to me by law & other things regarding the spending of mom's money. She has also started buying luxury items & vacations etc. All I... View More

Cheryl Powell
Cheryl Powell
answered on Sep 30, 2023

File a Motion for Accounting of your Mother's Assets. Maybe you can find that she has misused your Mother's money. Then you have a basis to have her removed as POA and may be able to file for guardianship.

It is possible that an Order of Protection could be sought. Talk to a...
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3 Answers | Asked in Civil Litigation, Family Law, Arbitration / Mediation Law and Child Custody for Illinois on
Q: Can an agency be sued? For making untrue statements about oneself. children and grandchildren?

Paxton, Champaign and Urbana, Illinois.

Cheryl Powell
Cheryl Powell
answered on Sep 15, 2023

If the statements were made under oath, the persons making same could be charged with perjury. However, if they make same in dcfs reports or some such thing, they are not under oath and many things are a matter of opinion.

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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: What should I do proceeding forward with my divorce?

I filed in Illinois. We don't have any children, assets, properties or accounts together. I don't want alimony, I just want a divorce. I didnt retain a lawyer because I was told it would be simple. And she agreed to sign the papers but does not want to turn them in. I was told it is... View More

Christine S. Janis
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answered on Sep 14, 2023

If you have already filed for divorce and were assigned an initial court date (called the "case management date"), if your spouse is refusing to sign the paperwork, you have the right to go before the court and inform the judge of your situation. If her refusal to sign is because she does... View More

1 Answer | Asked in Family Law for Illinois on
Q: Is it legal in Illinois for a parent to sell an item that was purchased by the other parent of a minor and given to them

The child is a 15 year teen who's objecting to sale of a pc costing over $1000 & purchased by other parent. Parents are divorced

Cheryl Powell
Cheryl Powell
answered on Sep 8, 2023

The pc was a gift from one parent to the child. If the other parent takes it away against the child's wishes, the other parent is committing theft from that child. It was not a gift to the other parent. That is how I look at it. Some other lawyers may look at it differently.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can I e file my petition for custody and my fee waiver all together? Or do they have to be filed separately for cost?
T. Augustus Claus
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answered on Sep 4, 2023

In Illinois, the procedure for e-filing your petition for custody and requesting a fee waiver can vary depending on the specific court and its electronic filing system. Some courts may allow you to e-file both your petition and fee waiver request together as part of a single submission, while... View More

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can I submit an appearance form with my e file if it is indicating the other parent will attend and they signed it?
T. Augustus Claus
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answered on Sep 4, 2023

In Illinois, submitting an appearance form is a critical step in legal proceedings, especially for matters like child custody. When both parties sign this form, it signals your active participation in the case. The exact process may vary depending on the court and local rules. Generally, you should... View More

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