Illinois Family Legal Questions

You can definitely file an appeal.  But, it will be an uphill battle.  The decision whether to extend an order under the circumstances is discretionary, meaning that the order would be reviewed under an abuse of discretion standard.  This standard of review is very deferential to the lower court judge.  The only way to get around this standard is if the judge committed a legal error (i.e., if the governing statute requires the judge to state his reasons for his decision on the record, yet he failed to outline the facts forming the basis of his decision).  I do not practice in Illinois, so I do not know whether the governing statute has this requirement, but it is a thought for your appellate lawyer to consider. I just noticed that your post is from November 19, 2018.  Most states have a 30-day deadline in which a party must file a notice of appeal.  That is just a few days from now.  If you have not yet missed the deadline, here is some advice on How to File an Appeal.  I hope this helps.... Read More

Your fear is genuine. You will need to prepare a strong convincing case to present to the court with references which justifies your claim. You will or at least you should retain a family law specialist that deals with parents trying to take children overseas. It is best to work with a Family Law specialist so Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey. Looking forward to hearing from you.... Read More

I understand completely that you do not wish for your child to leave the country. You will need to persuade the court why the child should not leave the country, with facts such as past story lines from news media, you can google them and reference them at hearing. Also, you might want to speak with a child custody specialist. Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com to go over your options.... Read More

Your concern is wanting to move out of state with your two children. Is the child father involved in the kid's life? Does he pay child support? Is he okay with you moving out of state? As long as the current parenting plan or court order you guys have does not restrict you from moving out of city or state you can safely do so. However, it would be best to review the parenting plan with a competent attorney that can advise you accordingly. If it does not allow you to travel than your attorney should be able to aggressively fight in court to get you to move to where ever you wish. But all this you would have to discuss with an attorney and not something so simple that you can do on your own. Looking forward to working with you. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in Illinois. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Illinois.... Read More

Are you by any chance in Chicago? Well, your transmission has gone out, you can't use public transportation? If so you should go back to court and consider modifying the support order. That's how you will avoid going into contempt. Also if you can find an aggressive and competent attorney or someone like me to assist you in your child case, am sure he won't talk the way he does instead you will have an advantage over things.  Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

If he go after getting custody of the children than the results will be dependent upon who has the best attorney. I would suggest you contact multiple attorneys including contacting my office to see and compare who would be the best option to work with. Looking forward to hearing from you, we travel for cases if it’s worth traveling. ... Read More

First, your familiarity with school law and your son's school district's policies are not those of an experienced attorney.  Secondly, you may be too close to the situation AND your son may not truly be comfortable with telling you everything involved.  Most importantly, his future is on the line - an explusion from school can be quite damning. Therefore, the simple answer is YES! If you do not know who to contact, your local bar association should have a referral system in place.   Get some names and then do some computer review to review their website and "google" the attorney.  This should provide you with a start to make an appointment for you and your son.  Hopefully, you will both feel comforable with the attorney and the resultant strategy.... Read More

Yes. All people benefit from having an impartial, trained professional in their corner.  Not only is representation provided, but a buffer agent is installed with the ability to answer your questions and protect your interests. Your local bar association should offer referrals.  Those names can then be researched on the internet with an appointment set with the attorney of your preference.  Maybe only a consultation first or a review of the completed document is needed.  That should be a matter better discussed with the attorney.... Read More

This is not really a family law matter.  It appears to be a elder law matter as whether the conduct rises to elder abuse or not.  The suggestion is for you to seek out such a local attorney (or at least one on a bus route) to seek specific legal advise. As to the house matter, under Illinois law, only the Sheriff can evict you (as either a tenant or home-owner) pursuant to a valid eviction order. There is the Deed, which places joint ownership in you, that you may wish to keep handy. It can be shown to police if called by the dughter-in-law.  If there is clause that creates a "Life Estate" for you, that would give further credence to not only your interest in the home, but desire to reside there as well. If there is no such language, consultation with a knowledgable attorney will be helpful in discussing and, potentially, implementing this through the filing of an amended deed.  Again, there is a need for legal consultation and your local bar association is a good starting point.... Read More

This is not thought provoking to me.  There are 2 hired attorneys, who are well versed and familier with your case; and you are the client.  Simply ask (or demand) a full and detailed explanation as to the competing positions and make a choice.  You are the final arbitor of your case as you are the client.  It may be that one or both attorneys will choose to withdraw or you may decide to fire one or both, but it is you decision to make.  Accordingly, obtain all the relevant information and analysis, process that information, and then decide.... Read More

The simple answer to your question is YES.  The law in Illinois presumes the child born during the marriage is of the marriage.  You are, however, asked as part of any divorce prove-up about any pregnancy and whether the child is of the marriage.  From your statement, the answer, should that question be asked, is no.  Since the Court's do not want to leave a child without a father, the next question would be "who is the father?"  At this time, there may be an inquiry into your living arrangement, child support, and the like.  Properly done and under the rights facts, the divorce can go through with a finding the unborn child is not of the marriage. So: Option A is to commit purgery by saying you are not pregnant, which is not really an option.  This is a felony and no lawyer can subborn purgery.  Option B was stated above.  The recommendation is for Option C. Option C involves securing a family law attorney and being pro-active.  Working out all matters with your Husband, including the non-pregnancy (as, among other issues, he would not want to pay support for the unborn child).  File an action in paternity against the true father.  He should admit the child is his; and the naming can be part of this action.  This may be more expensive, but it gets you legally divorced, obtains the father's name for the child, and demonstrates whether the 3rd person is committed to being a father. Child support would be ordered as well.  At the very least, there can be an Affidavt or Admission of Paternity filed in the divorce case.  The result would be similiar, if allowed in your County.  This may all be done without an attorney, but we recommend that you first consult with an experienced family attorney, who should be able to be referred to you by your County Bar Association.  In that way, you can determine the best way to proceed in your County.... Read More

You do not say whether or not the file was closed, which it may have been.  The divorce was final in 2013.  It is now 2017.  Per some local rules, the attorney does remain "of record" for 30 days after disposition.  This period, however, seems to be well past as well.  Accordingly, the attorney may have no responsibility in this matter. There may be another attorney responsible for her cases as she appears retired from your letter.  However, since there apparently was a prove-up in 2013, your file may not even be with that attorney.  As such, we can only suggest that you take a copy of the Decree and make a consultation appointment with another experienced divorce attorney.  Your questions may be answered as to the terms, local practice, and what ramifications, if any, the new statute has on your prior award. The suggested place to start is your local county bar association, which may also have a lawyer's referral network in place.... Read More

As grandparents, you have a concern and, maybe, some rights.  Where to start is to speak with a local family law attorney.  You could call DCFS as they are the State agency charged with the safe-keeping of children, but you need to first know all your rights and risks to you, the child, and your daughter.  It may be that your daughter goes with you to the attorney.  Maybe she views a support order and some restraining order needed or is, at least, open to the discussion.  Maybe not, but you can judge whether or not to broach this discussion with her.  You can then meet with the attorney.  Should she not attend, you can see if a guardianship in probate is the way for you to proceed or if you have standing in divorce court to seek custody.  If she does attend, she can review her various options in a paternity case.  As should be evident, these are very intricate questions that turn on the underlying facts, who is the Petioner, and the practice of the county in which you live.  As such, an appointment to consult with an experienced attorney is needed.  Should you not know who to contact, there should be a local county bar association in the County that operates a Lawyer Referral Service.  You can get names of indivudals and review the websites for each attorney with an appointment set to speak with the individual you feel is best suited for you and your situation.... Read More

Although I may be a Will County attorney, the rules of the site preclude any such actions. The best advice is to contact the Will County Bar Association that runs an lawyer referral program.  Get the names from there; do an on-line search to review web sites.  A call can then be placed to the attorney(s) for the setting of an appointment to review your situation and fees/costs in addressing them.  Should you feel comfortable with the attorney and the strategy, retain the attorney.... Read More

This is a matter for Court, but the process varies in each County.  There are certain findings that need to be made.  These may be contained in County forms.  The suggestion is to either contact an agency, if there is one in your County, or an attorney to lead the way through this process to insure it is done both quickly and correctly.  If you need an attorney, one may be obtained via the County Bar local referral program.  You can start there or, maybe, the County Clerk can give you the needed forms or they may be obtained from the County Law Libary.  Since this is a process that carries certain risks and responsibilities, it may be wise to get some counsel before proceeding to Court.  This is another reason to seek out an expert.... Read More

You appear to need an order that would end discussion of any visits by setting an enforcable schedule or subject the Mother to a contempt action. Since there is support order, there must be a court case.   There seems to be no true visitation order, so you can either file such a Motion in that case or, if there is no such case, file one.  She then can be served via Notice in the existing case or via Summons if a new filing is required.  The relief would be the visitation you desire.  This, however, may require you to appear in person and it may be met with a petition to increase support (as the order in place dates back 4 -5 years). This seems to be a "mediatable issue."  There may be mandatory mediation in that particular county that avoids Court while still addressing the issue; and it may also be conducted over the phone for you since you are out of state.  The County may also have a standardized visitation guide/schedule that can serve as a guide to either you or the Mediator.  As such, the first step is to contact an experienced family law attorney in that County.  You may be able to start with the County Bar Association to get names.  You can then "google" these names and call the attorney(s).  Maybe a combination of email and phone can give you a consultation as to exactly wat steps should be taken in that particular jurisdiction.... Read More

Note that no true legal opinion can be given, but there should be no legal order.  Based on the little information given, it seems that you are a "legal stranger" to the children.  It would be as if anyone showed up at her residence offering to take the children to a movie.  They should not be allowed to go.  You would have no "right" to see them; and she would have no need to obtain any such order.  Practically, is a different story.  The Father was the Defendant of an OP; this proceeding was only dropped, not found to be without merit.  As such, she may be able to refile and obtain another OP that precludes him, when he is with you, from seeing the children. Also, it seems that your existence/relationship fuels the on-going fight, so, practically, the better option may be to take a low profile.  This matter does appear to be headed for court.  There are issues of visitation, support, and the like to be resolved.  There may also be [depending on your residency] mandatory mediation of the issues.  This may be an avenue worth exploring.  Accordingly, the suggestion is for you and the father to meet with an experienced family attorney to ascertain both your respective rights and any risk to those rights.  A first step would be to contact the local county bar association for a referral to such an attorney(s).... Read More

You qyuestion appears to lend itself to a simple answer, but it does not. The answer varies - depending on your spouse and his/her whereabouts.  The process is as follows: The grounds can be varied - mental cruelty, dissertion, or irreconciable differences.  It seems that you could assert any such grounds, but you should review with an attorney as one may be easier or better for you.  This needs to be pled in the Petition that you file; and the grounds can be in the alternative. The first step is to file a Petition in the county of the marriage, where the spouse lives, or where you live.  This may also be something that an attorney can help you with.  The Clerk of the Court may have pro se Petitions that you can use. Next is the service component.  Your spouse may "elect" to submit to jurisdiction by filing an Appearance; you may issue a Summons to have the spouse served; if the spouses wherabouts are unknown, you will need to serve via publication.  After this event, the spouse may appear and contest the dissolution, whereby you should get an attorney familiar with divorce/family court practice in your area. If there is no such contest or the spouse does nothing, you can proceed to Judgment via Notice (or on the status date should one have been given by the Clerk).  The Clerk may have "draft" Decrees that are fill-in-the-blank Judgments.  These can be used in pro se matters, but, again, there may be an issue that needs to be addressed that is not in that document.  Each County differs slightly in how such matters are handled, including the issueance and submission of the required Certificate of Dissolution.  The Clerk may be of assistance, but that office can give no legal advice. The prefered option is to meet with an attorney and discuss the matter.  It may be easier to hire the lawyer.  One can be found via the referall network maintained by the local bar association.  This is a phone call; it is followed by a review of the attorneys websites to review experience, fees, consultation practice and the like.  You can then set an appointment to get true legal advice that is based on your actual situation.  All the questions and issues detailed above can be addressed.... Read More

This is somewhat brief of a question, but we can, for this response, conclude that a) the Subpeona was properly issued and served, b) there is an ongoing custody matter for trial on that date of the Subpeona, and c) you have no attorney. The third matter is key.  You need someone to review the documents and go with you to Court.  It does appear that you ARE being compelled to testify.   A litigant has the right to compell the attendance of any witness.  Any failure to answer can lead to contempt of Court.  As such, any Subpeona is not to be taken lightly.  An attorney may be able to limit these issues &/or have any "testimony" be in Chambers (as opposed to being in open court).  The attorney can also insure that you are not incrimated with your testimony.  In pre-court discussions with the representing attorneys, your testimony may be either limited or avoided. As such, the general answer to your question [with out seeing the document] is YES, but the recomendation is for you to, at least, consult with a local attorney experienced in these matters.  The documents can be seen and reviewed. You can then also be informed of the process and procedure in these courts even if the attorney is not retained.  Your local county bar association should have a referral system, whereby they can give you some names of experienced attorneys.  You can then view the various websites and make a knowing choice for setting an interview.... Read More

Hello, Anonymous. Check to see if there are rules in your jurisdiction about what can and cannot be done in mediation. That will be your first guide as to how you may go about handling the mediation process. As a general rule, however, you may bring up facts that support your argument. If the details you expressed above are true, and they lead you to feel one way about the situation, you should be able to tell the mediator as a means of explaining yourself.  However, bringing up embarrassing or hurtful details for the sake of destroying someone's character really won't help you in the long run as it will only make you look bad. Since your ex-husband has an attorney, you may seriously want to look to hire an attorney to represent you. An attorney versus a non-attorney rarely ends well for the non-attorney.  I hope this helps.... Read More

Hello, Anonymous. The idea behind child support is to reimburse one parent who would otherwise bear a greater financial burden. This is usually figured when one child lives primarily with one parent and has visitation with the other. The parent who is the primary residential parent will usually bear more financial hardships than the non-residential parent. So when the child lives with both parents roughly equally, the financial responsibilities will usually be seen to be split equally already. And more often than not in these situations, child support will be reserved and neither parent will pay the other because they are already equally splitting the costs. If you were to push for primary residential custody, the the financial burden would be shifting against you, and the court would expect the father to help you out financially with child support.  Child support, however, is seen as being paid to the child, not to the parent. The parent is merely the one who is managing the money for the child. So it is not the parent who can waive child support or use it as a bargaining chip. Realistically, to change the arrangement you have right now will be difficult, but it can be done. Your best bet is to hire an attorney in your area who can help you out and try to show the court that the best interests of the child are to live with you primarily and not to go back forth every week. I hope this helps.... Read More

Hello, Christina. In a situation like this, where there is a court order that defines what each parent can and cannot do, the usual method of dealing with non-compliance is to file a Rule to Show Cause. This essentially acts as a means to alert the court to one party's non-compliance with a court order, and the Judge will then act accordingly.  Another route is to modify the existing Parenting Agreement. This can only be done if a certain amount of time has passed since the last one, or if a significant change in circumstances has occurred since the last Agreement. If either of these conditions has been met, you may be able to modify the Agreement and get new terms for the living arrangements and the visitations arrangements. If this is the route you are going to take, or look into, it might be beneficial to hire an attorney to help craft a thorough and detailed Parenting Agreement. Regardless of which recourse you can take, it is usually helpful, I find, for parents to keep a log of what is happening and when. If a parent is consistently tardy or has refused to abide by terms of the agreement on a consistent basis, it will help you later on if you've kept a careful track of all those specifics. The Judge will usually be more apt to believe a carefully-kept log than mere memory.... Read More