Illinois Child Custody Legal Questions

Parenting time and custody are always modifiable based upon a showing of substantial changed circumstances, as the primary focus of the court is to ensure the best interests of the child. To modify parenting time you would need to file a motion in the county where you reside seeking this relief by court Order. Your Certification in support should detail the reasons for your application.... Read More

There are not much facts to go on here, but it sounds like you two have separated but there is no written separation agreement/custody agreement or a court order in place regarding custody. If that is the case, upon separation, both parties have equal rights to the custody of the children until later agreed or set by court. So she is not technically violating anything by not returning them to you, nor would you be violating anything if you engaged in the same. That being said, it never looks good in the eyes of a judge if a parent is simply denying visitation outright for no reason, so you will definitely want to bring that up. But either way, custody/visitation will need to be resolved by a written agreement or court - you should consult an attorney to discuss how to move forward... Read More

He can take you to court and ask for your son to not leave the state. You may actually have one of those cases where the court may let you leave. Frankly, I suggest you file and ask the court for permission and present your best case why it is in your son's best interest to leave. That way you can frame the case you want and not appear to be somebody who ignores court orders.... Read More

Your question is a little unclear to me what "payment" you refer to. Under Washington State law, a biological father will be responsible to contribute support from and after the date of birth, plus a share of medical expenses associated with the birth. The obligation cannot be enforced unless or until a parentage court action has been initiated, paternity established, and a court order issued.... Read More

She can give guardianship over the child to another adult once the child is born. She can prepare the paperwork and have everything ready to go so that when the child is born the person she has chosen will be able to come to the hospital to pick up the child. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers.... Read More

That depends on whether there is already a finding of parentage. If not, you should contact the DOR regarding the issue or file a motion to terminate child support forthwith. If your case cannot be heard for several weeks, you can file a request to have your motion advanced- citing the need to stop child support forthwith.... Read More