Illinois Child Custody Legal Questions

Is it a plenary, interim or emergency order of protection? If a plenary, there was a hearing, the defense should have been raised at that time and the order may not be attacked on that basis. If it is an interim or an emergency order you can seek its vacation. But the fact that trespassing is alleged may not be a basis for vacating the order. More fats are needed. Trespassing against a protected person may be domestic violence,.... Read Answer

This is a bizarre question based upon a bizarre set of circumstances. I practice in the state of Utah. I have dealt with situations in the state of Utah where a divorced parent who is engaged to remarry is ordered not to allow the fiance around the children of the divorce parents. To answer your question as to whether the court could order you to stay away from your stepchildren even after you marry the father, the answer is while that would be extremely difficult for all, the court can make such an order.... Read Answer

Why don't you give your fiance temporary guardianship while you are serving your time? That's about all you can do to try and pass your parental rights to someone else. It will not matter whether or not you are married. With that guardianship, your fiance should be able to work with your ex to keep the child with her.... Read Answer

It appears that you have previously had dealings with a court. You may not have the right to contest the parentage of the child or children who are dealt with in that proceeding, even if you now believe you are not the father. You have previously signed papers where you claimed to be their father. You had the right, before you signed those papers, to ask for a DNA test. As you did not do so, you have a very high burden to show a court why their prior order would not remain in full force and effect.... Read Answer

You have the right to get your daughter back. You need to schedule a consultation with a skilled family law attorney nearby where you live ASAP. Such an attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete proper legal advice you need (& possibly a quote to represent you). Once the matter is resolved to your satisfaction, you'll be glad you paid the money to hire an attorney & properly protect your, & your daughter's, legal rights.... Read Answer

No you do not. The Voluntary Acknowledgment of Paternity (VAP) is not subject to attack just because he wants to do so. The statute provides: a signed acknowledgment of paternity entered under this Act may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenging party. Unless he can make such allegations, the VAP stands.... Read Answer

It may be argued that his filing of a motion to modify the judgment acts as a waiver the the right to seek vacation of the judgment. But you have not provided enough information to answer the question as to the attempt to vacate the judgment, Dates are very important in any attempt to vacate a judgment. Unless he is arguing that the Court lacked jurisdiction, a motion to vacate filed with 30 days is a little easier than a motion to vacate filed more than 30 days after the entry of the judgment. After 30 days it becomes much more difficult to vacate a final order.... Read Answer

Your daughter's new school in IL will require proof that she lives in the school's district. Therefore, before enrolling her in the new school, you will need to obtain a court order that states her aunt is her legal guardian. This is not difficult to obtain. But a skilled guardianship attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the proper legal advice you need, & possibly a quote to provide representation in the guardianship matter. Schedule a consultation ASAP. Once the situation is resolved to your satisfaction, you'll be glad you paid the money to hire an attorney & properly protect your, & your daughter's, legal rights.... Read Answer

In brief, she has to have either your permission, or a court order, to remove the minor to another state. But a skilled family law attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the more thorough legal advice you need. Schedule a consultation ASAP. Once the matter is resolved to your satisfaction, you'll be glad you paid the money to hire an attorney & properly protect your legal rights.... Read Answer