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Illinois Family Law Questions & Answers
1 Answer | Asked in Family Law for Illinois on
Q: Hi my sons father is an absolute nightmare to deal with and he is dragging me through the court system. I need help.

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.

Cheryl Powell
Cheryl Powell
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.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How do I get someone to represent me in court

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

Cheryl Powell
Cheryl Powell
answered on Dec 11, 2023

Call legal services in your area. Sometimes they have grants that cover this stuff.

1 Answer | Asked in Child Custody, Family Law and Personal Injury for Illinois on
Q: My mom isnt allowed to hit me (court ordered) but she did. I left home at 17 and Im staying with a friend is that legal?

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

Cheryl Powell
Cheryl Powell
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.

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: Are 1099 workers exempt from child support?

Can a child support order be entered against a person who is a 1099 worker?

James G. Ahlberg
James G. Ahlberg
answered on Nov 25, 2023

1099 employees are not exempt from child support. A child support order can be entered against them and fully enforced by the court.

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: My question involves a single parent adoption in Illinois wherein the biological mother adopts her son.

The biological father was the respondent and a copy of the petition was found in his belongings after he died, so I believe he received notice. If the adoption goes through, are the biological father's parental rights terminated, or could it mean something less than that? For example, having... View More

James G. Ahlberg
James G. Ahlberg
answered on Nov 17, 2023

Your question is difficult to answer because the first sentence you wrote is ambiguous. The biological father "being part of the case" could mean he is joining as a petitioner in the attempt to adopt the child, it could mean he is a respondent who has consented to the adoption, or it... View More

1 Answer | Asked in Legal Malpractice and Family Law for Illinois on
Q: Is there a specific type of Malpractice Lawyer in IL for post decree matrimonial ethical incompetence?

I have searched and most Malpractice lawyers I find are not specific to post decree marriage cases - can you point me in the proper direction?

James G. Ahlberg
James G. Ahlberg
answered on Nov 16, 2023

You're unlikely to find someone focusing on that precise area of practice. A lawyer who practices in the area of dissolution of marriage cases or general legal malpractice is your best bet. The former will be more familiar with whether malpractice occurred; the latter will be more familiar... View More

1 Answer | Asked in Family Law and Elder Law for Illinois on
Q: I have a 300,000 beneficiary check in my name Can I write it over to my sister- I don’t have a bank account?
Cheryl Powell
Cheryl Powell
answered on Nov 14, 2023

Most banks do not allow 3rd party checks anymore. Use the $300,000 check to open up a checking account.

They will hold it for x days before

They will let you have it after that.

1 Answer | Asked in Family Law for Illinois on
Q: I was never served bc the father of my son gave the wrong address can I get another date or extension ?

He’s filing for visitation rights. I have not denied him to see our son , I’ve tried to get him to come get him & he would tell me no. The only reason why I know there is a progress call is because I reached out to him about our son and that’s when he told me the court date. He told me on... View More

Cheryl Powell
Cheryl Powell
answered on Nov 12, 2023

A lawyer first needs to see the papers he has filed. Go to the courthouse and get them.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: If the father's a drug abusing, woman hitting, violent POS.. how can he have any child without having supervision?

He's been a convicted felon on drug charges, multiple times. He's got a rap sheet of more than 30 domestic violence happenings, currently has an open case pending against him for driving with no license, no insurance, wrecked the vehicle trying to escape police WHILE on meth, was charged... View More

Cheryl Powell
Cheryl Powell
answered on Nov 7, 2023

Because all of that evidence probably has not been presented to a judge. It might be because he only exercises his time when he is sober and in a good mood.

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Civil Rights for Illinois on
Q: Is a Judgment written by lawyers and paid to advocate a disabled client does no Erisa SP Discovery .Waives rights fraud?

No ERISA SPD Discovery . All lawyers and Judge Aware but disabled paying client . Then waive clients ERISA right fraud?

Cheryl Powell
Cheryl Powell
answered on Nov 4, 2023

Please elaborate. Is this in a divorce case? Client receiving Ssd or ssi? What are you alleging as fraud?

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: I am ordered to pay back pay of child support but lost my job in July currently on unemployment. What can I do?

I am ordered to pay back pay of child support but lost my job in July and my unemployment was denied but recently got it appealed but I was so backed up in my bills for the last few months so I caught up as much as I can. I owe 4,200 in support and only have 2,800. My court date is on October 24th... View More

Cheryl Powell
Cheryl Powell
answered on Oct 18, 2023

I don't know what you can do at this point. It sounds like you have been representing yourself, already have been found in contempt and are awaiting sentencing. Under the facts presented here, there should not have been a contempt finding and there would be no sentencing hearing. So I am... View More

1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Q: Left kids home alone, while I was at work. Cops came. charges for child neglect. Will dcf take my kids
T. Augustus Claus
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answered on Oct 17, 2023

Whether or not DCFS takes your kids depends on a number of factors, including the ages of your children, how long they were left alone, and whether or not they were in danger. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in Family Law, Personal Injury, Tax Law and Workers' Compensation for Illinois on
Q: if someone else put my daughter as a household memebr when she is not she was mine and have given me stipulations on get

on getting my child back what can i do in order to get this fraud behavior to stop

Cheryl Powell
Cheryl Powell
answered on Oct 1, 2023

Do you have a court order between you and the other parent that gives you custody or parenting time? Who is this person whose household she has joined? How old is this child? Have you filed a police report? There are a lot of issues here.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Illinois on
Q: Do we need a lawyer?

Me and my wife have never had a criminal offence. We have a squeaky clean record. We both received a misdemeanor domestic in Missouri. Do we need a lawyer if we both want this to disappear and not go on our record?

Jeffrey Li
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Jeffrey Li
answered on Aug 2, 2023

It would be best to seek an attorney out in Missouri, preferably an attorney within the City or County were the charges were filed.

1 Answer | Asked in Family Law for Illinois on
Q: In Indiana do you have to be emacipated at the age of 18 in order to have your rights over medical appointments?

The persons mom told them since they are 18 they need to be emancipated before they can have legal rights over their medical appointments

Tim Akpinar
Tim Akpinar
answered on Jul 29, 2023

An Indiana attorney could advise best, but your question remains open for a month. It may have gotten overlooked in the Products Liability category (where it was originally posted), which is basically about injuries from dangerous/defective products. This could be closer to Family Law or Health... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Legal Malpractice for Illinois on
Q: During a plenary order of protection hearing my attorney failed to present the evidence and witnesses

My attorney obtained subpoenas for the sheriff’s and got a statement that supported my innocence. There was also video to support. However on the day of the hearing she went into another room with opposing counsel and came out telling me there was a warrant for me violating the order of... View More

Clyde Guilamo
Clyde Guilamo
answered on Feb 21, 2023

Hello. I'm sorry to hear that all of that happened to you. Unfortunately, you did not actually include a question to answer. Try re-writing the question.

1 Answer | Asked in Family Law for Illinois on
Q: Can I remove my kids, 10 & 14, out of my husband's home and bring with to rent a house? In Chicago

It's his house. Have post settlement agreement from 2013. It states joint custody which i realize is no longer a term. I'm thinking we will have to start from scratch. Need to know if I can remove them from the home before I sign the 2 year lease.

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 25, 2023

Your Judgment for Dissolution should state who the residential parent is. If it is you, then you are free to move with the children.

1 Answer | Asked in Family Law for Illinois on
Q: What does a parent have to do for a child to be able to legally run away without getting in trouble?

My family is not a good one. I get yelled at everyday for the smallest things. My step mother shoved scissors in my FACE recently and started yelling. Saying how I should not talk back and I should be scared. She threatens to strangle her own baby but gets offended when you think she is actually... View More

Cheryl Powell
Cheryl Powell
answered on Sep 28, 2022

No minor can legally run away without getting into trouble. If things truly are as bad as you say, you should go to the police station to tell them what is going on and ask to be placed into foster care. There is a place for all children to go, which is the foster care system if being home is... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I have custody of my children and the mother bought my 13 year old vape and told her not to let me find out.

What can I do about this situation? I do not trust the mother to make the right decisions.

David Giffin
David Giffin
answered on Sep 7, 2022

First of all, I'm sorry you are dealing with this kind of problem. Not being able to trust your coparent to act in your child's best interests is upsetting, at best.

There is a lot of information we don't know about this situation. I would also encourage you to double-check...
View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I am 16 with parents who are seperated and I want to move to another state with my dad.

My parents are seperated and for reasons I shall not discuss I would rather live with my dad. I dont know what needs to be done in order to move to a different state with him and have no idea how to find out due to my mom having an app on my phone that makes it so she can see everything on it. What... View More

James G. Ahlberg
James G. Ahlberg
answered on Aug 25, 2022

You'll have to talk to your father and encourage him to begin court proceedings to change parenting time (formerly known as custody) and for him to petition the court to allow you to leave the state with him. I know of no way for you to begin these proceedings on your own.

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