There is a guardian (co-guardians in this case), a will, and a trust. The ward dies, the will has no written instructions for disposition of remains. Who is the 1st person legally responsible for making decisions about the disposition?
The guardian, the guardian who also is executive... View More 
answered on Nov 16, 2022
Powers of attorney and guardianships end at death. The only person with any legal authority is the executor of the will, who will have letters of office. That person has to see to it that bills are paid, including the funeral, cremation, etc.
My ex and I lived in the same house but we’re not married and my ex decided to take my son from my home that he did not bring him back to and when I did call Madison County police they said there was nothing they could do because there was nothing in writing and I recited to them the section of... View More
answered on Nov 16, 2022
Parental kidnapping is federal law and is under the Parental Kidnapping Prevention Act. It is defined as hiding the child from a parent for over 14 days. That is usually taking the child across state lines.
Your situation can be resolved by filing a Petition for Allocation of Parental... View More
I’m trying to find out if my ex is supposed to be pay half for our childrens cell phones and cell phone bill. He tells me that the child support covers that.
answered on Nov 16, 2022
There is no law that a child has to have a cell phone or a car. If either parent chooses to provide a child with same, that is their choice and their expense. Child support is for basic necessities, i.e. food, clothing, shelter, utilities, transportation to and from school and activities. A cell... View More
Is it allowed / legal? Would the judge read it? I do not mind if this is shared with the attorneys/opposing counsel.
answered on Apr 19, 2024
No, and if you sent one the judge cannot read it. You get a chance to talk to the judge when you testify.
Okay, so like I said earlier my dad is not a good person to live with, and is incapable of taking care of me. One, he lied and said my mother was sexually harassing in court. When I found out about this, he kicked me out. Twice. After being in the cold for almost an hour, (this was Dec 6th) my... View More
answered on Apr 18, 2024
Again, this is a custody case. Lying does not change it to abuse or neglect. Your mother needs to hire a lawyer.
I watch them everyday while foster mom is at work and school so I don't understand if I can watch them all day why can't I get them out of custody makes no sense
answered on Apr 18, 2024
Nobody here can give you the answer because we don't know why.
Whenever I have a client with these issues they have to hire me to determine why. That's all I can tell them. Dcfs usually does tell me why but they rarely change their minds.
I have attended the Illinois institute of art Chicago and Western IL University in Macomb I have two kids who are missing and have been strategically denied resources because I've been sharing my experiences with how I was blackmailed and lied on and I'm not a victim by no means but the... View More
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answered on Mar 26, 2024
It sounds like you are going through a very difficult and complex situation. Identity theft, stalking, and harassment are serious issues that require careful legal handling. Considering your circumstances, including the impact on your personal life and your desire to take legal action, seeking... View More
With them but he has a lawyer they want us to do a modification but he’s jobless and homeless at the moment and the judge just wants us to do the modification but I really don’t want him to take them because he isn’t stable what can i do because I feel like because he has a lawyer they really... View More
The 17 yr old is not emancipated and the living situation was a temporary thing, can we make him move back home. We live in Madison county Illinois. Need to know what our rights are here.
answered on Mar 25, 2024
Tell the family friend and the kid that you want him him no later than x date by x time. Send them texts so it's in writing. If he is not there, you will call the police. Let them know that.
My co parent filed to modify our parenting plan. I have court tomorrow , I was informed of a court date two weeks prior by co parent , wasn’t given paperwork until the day before our court date as in today . The issue is by the state we have no custody agreement. Did he file correctly? He has... View More
answered on Mar 20, 2024
You need to take all your papers to an experienced family law lawyer. 750 ilcs 5/610.5 governs modifications. Google it.
Her father lived with me for a while, but he is moving out. She wants to stay with me and her custodial parent has said that it is ok that she does. So do I need some type of legal paperwork to allow her to keep living with me, even if her dad moves out and she doesn't want to go with him.... View More
answered on Mar 7, 2024
No, at 18 if she is an able bodied adult, she can do what she wants. You only have as much control over her as she let's you have.
Hello I’m currently living in Illinois and wondered if there’s anything I can do to take away my half related brother from my mother she has half custody and is in a court battle with her biological father over the weekend she forced herself on top of me and hit me and tried removing my cellar... View More
answered on Mar 3, 2024
You can talk to the person who filed the case against the mother and ask if he is ok with you talking to his lawyer.
answered on Feb 24, 2024
Yes, ward's assets are for the benefit of the ward. They should be used to house him.
Was ordered to pay 60% for both children, as of Jan 19 I have been laid off. I can file myself, but wondered if it would be more successful to have a lawyer file. I live in GA, both kids go to school in Chicago. I am looking to end this support for good. I both kids have 529's, 1 kid has... View More
answered on Feb 20, 2024
Yes, I would hire a lawyer. You may be able to do your case on zoom and not come to IL for a hearing. That alone could save you a big headache.
There has been drug use, neglect, mental and verbal abuse. Dad not in picture, just got out of prison for domestic. Moms last boyfriend is currently in prison due to domestic. We know at 16 she can get emancipated but is there anything we can do now since she just turned 15? We thought about... View More
answered on Feb 19, 2024
I do not know what MO Law is. IL law requires that you sue where the child is living, so you need to hire a MO lawyer.
Background: Illinois - Child is 12. I have primary decision making authority and final decision making authority. Parenting plan has been in place since 2017. The noncustodial parent has been absent from all school, health and extra curriculars for at least 3 years now. Recently, he has had some... View More
answered on Feb 6, 2024
If he is balking at that you need to go to mediation and/or court to have his decision modified.
I have an OP against my ex spouse. We have a child together. He only gets to talk to him on talking parents. He told my child that he can’t talk to him again on the required day and to tell me that I should allow him to let him talk to him at another time. Is he breaking my OP by directing my son... View More
answered on Jan 10, 2024
I don't know what talking parents is. But I don't believe that having child visitation by phone or explaining how yo facilitate it should be an op violation. That provision is more about using a 3rd party to send messages to you like are you willing to try to reconcile, etc.
He is the father but left me alone during my pregnancy but we were occasionally communicating through email. He said he wouldn't shirk the responsibility in any way and he is doing just that.
answered on Jan 1, 2024
If you need help with child support, you can apply for help through heatmlth and human services. If you need help with custody, legal services may be able to help you.
My ex boyfriend have a restraining order on me with my children on it that he haves no rights to I need help getting my kids back home where they are safe
answered on Dec 11, 2023
Call legal services in your area. Sometimes they have grants that cover this stuff.
My mom left bruises on me after a harsh fight, I talked with the school about what happened and the school police officer but they dont consider it abuse. However because of her previous abuse she isn't supposed to hit or lay a hand on me or my siblings. So I left the house and have been... View More
answered on Dec 7, 2023
You should contact DCFS and the police, tell them what you are doing and why. Dcfs has forms where your mother could sign guardianship over to another responsible adult until you are 18.
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