Illinois Child Custody Legal Questions

There is no law that will put you out of the house while he has visitation with his child. You have to understand that the child custody and child support is between the mother and the father. The reason she might not want the child to be around you is probably because she does not trust you with the child. And she can go as far as she wants in court, if there is any issues with you such as criminal background or whatever. But for her to deny visitation for being spiteful to you is no excuse of violating the fathers right to visitation. If I was an attorney in IL no matter what situation you guys might be in, I would have fought for full custody just BECAUSE she wants to spiteful to you. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com.... Read Answer

Do not make the mistake as many people do to give custody to non-parents or relatives. Even giving custody to relatives is a problem nowadays. You will be better off when the child is born to not put him on the birth certificate and later file for full custody. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free 15-minute consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager.... Read Answer

As long as the child has resided in the state of IL with you guys for an x amount of time, your state automatically has jurisdiction. However, if jurisdiction requirement is not met, your state can still enforce the custody order under UCEA. Please contact my office for a free consultation and evaluation of the case and material facts. Please keep in mind that not all lawyers are 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. 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 option. Feel free to give us a call for a free consultation. 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 IL.... Read Answer

If the woman is still married, there is a rebuttable presumption that H is the father. Only when "real" dad is willing to sign a VAP (voluntary acknowledgement of paternity) will that change. So the married couple is responsible for the child until a court says otherwise or "real" dad signs a VAP.... Read Answer

The time to request a DNA test passed many years ago. In addition the Court no longer has any jurisdiction over the child. Apparently your fiance was served with process and ignored it. If he had done something at the time, there would have been a DNA test if he had asked for it, but he never did. Now there is a support arrearage that accrues interest at 9% and never goes away. IT is best to borrow money and pay it off so the 9% stops. He might be able to borrow t less than 9%.... Read Answer

The only person who can revoke your son's POA is your son. But your son can not give you a POA for his son. Anything regarding the custody or control of your grandson must either be by agreement of their parents or an order of court. Your con did not have to sole right to give you any control over your grandson.... Read Answer

The two rights or duties are legally independent, You do have the right to develop a relationship with your child. But starting it on Facetime is not great. It all depends on how old the child is. The longer you have not seen the child the harder it is to develop that relationship and the younger the child is the more frequent contact is needed to develop a relationship.... Read Answer

It depends on where you live now. The statute says: 750 ilcs 5/601 (1) a change of residence from the child's current primary residence located in the county of Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within this State that is more than 25 miles from the child's current residence, as measured by an Internet mapping service; (2) a change of residence from the child's current primary residence located in a county not listed in paragraph (1) to a new residence within this State that is more than 50 miles from the child's current primary residence, as measured by an Internet mapping service; or (3) a change of residence from the child's current.... Read Answer

If she has not placed her health at issue in the case, her medical and mental health records are privileged and not available for review by you or a court. If she is so disabled, that may affect her ability to care for the child. IS the OP temporary or plenary. If you went to a hearing and lost, it may be too late.... Read Answer

You have no right to restrain father's visitation without a court order doing so. If you do so, you may be in violation of his rights and ultimately loses custody (possession) of your child. If the fiance is causing the child harm, then seek a court order but merely because she is his fiance is not a basis for trying to restrain his rights.... Read Answer