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COVID-19 Illinois Family Law Questions & Answers
1 Answer | Asked in Family Law for Illinois on
Q: Father of 10yr old and share 50/50 custody. Me and his mother disagree about the dangers of corona

I have given up going to what I’d consider high risk places long ago, never do I go anywhere without wearing a mask as additional protection for my own protection and my sons. The mother sees no issue going to bars, events etc. that I consider high risk without a face mask. Im concerned this is... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 21, 2021

It is a difficult situation.

You cannot compel another parent to use the same level of seemingly reasonable to you precautions to protect your 10 year old son.

Also, a 72 hours "quarantine" will not assure that the son will not get exposed to any Corona strain as...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: if the parents were never married and theres no court order but he's on the birth certificate who makes major decisions?

I recently told the kids father that now that school is starting back they need to be home during the week for school and tutoring and he can spend time every weekend. Well he doesnt agree with my decision and I fear he wont bring them home because of my decision. Never been to court for anything... Read more »

David Nachman Byer
David Nachman Byer answered on Aug 30, 2020

If your former partner is on the birth certificate he is legally presumed in the absence of a challenge to be the child’s father. You both have a theoretical right of equal status to choose how to parent (such as deciding what times the child will be with which of you and the making of any... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: Can anyone help me with legal advice for child custody concern because of covid and school?

My ex husband and I divorced in 2018 in state of Missouri. Shortly after divorce I moved to Illinois with current fiancé. We share 50/50 physical and sole custody. Two children, boy(5) girl(3) both was enrolled in school in Illinois. Son attended pre-k last school year. Daughter attended 0-3 at... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 21, 2020

If you have joint decision making and he does not want them to attend school, your agreement should state that you go to mediation. At mediation, you decide whether or not you agree. If you do not reach an agreement at mediation, he has the right to ask you to go to court.

2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: How hard is it to get full custody as a dad?

The mother of my kids doesn't let me get share custody. Now she has blocked me and my wife and can't get in contact with her or my kids. Im tired of this. I just want shared custody over my kids. My kids have mentioned to me that want to live with me? Does it help if I file for custody... Read more »

George W. Svoboda
George W. Svoboda answered on Jul 21, 2020

Getting full custody may be difficult. The mother has rights too, unless she is abusive or neglectful. The children's wishes may be taken into account depending on their ages. Remember, they probably say different things to each parent. That is typical survival behavior. They want to please... Read more »

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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... Read more »

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... Read 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... Read more »

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