Illinois Child Custody Legal Questions

The mother' s rights depends on what any court order states regarding legal custody and whether the parents are married. If there is no marriage and no visitation court ordered, it is easier to move. You should consult with an attorney to make sure you are proceeding correctly. You don't want the father obtaining an emergency court order against you for custody or establishing his parenting rights.... Read More

Whether you want the divorce or not doesn't really matter. He does and it will happen. You could be in trouble if the court in the home state takes jurisdiction of the child. You should be in your new state for 6 months, but if you want to try and protect yourself, I suggest filing for divorce and custody in the new state and get jurisdiction there. Talk with an attorney to figure out your best strategy.... Read More

Child support and parenting time are separate issues. In other words, whether or not you are paying child support or the correct amount should not impact your right to parenting time with your children. Your financial statement filed with the court to determine the amount of child support you should pay must honestly and accurately reflect your income; no matter how it is paid (ie by cash or check).... Read More

A skilled family law attorney would need to discuss this matter with you & your husband in greater detail, & ask you both many questions, in order to give both of you the proper legal advice you see (& possibly a quote to represent husband). Schedule a consultation ASAP. Once the matter is resolved to your & your husband's satisfaction, you'll be glad you paid the money to hire an attorney & properly protect both of your's legal rights.... Read More

Yes, he has parental rights because he is the father. Mom probably never told him. If she did tell him, she apparently never pursued any type of child support. He will have to agree to have his rights terminated or, at a minimum, be notified of the adoption proceeding. He may default, who knows.... Read More

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 proper legal advice you seek (& possibly a quote to represent you). 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 More

In Illinois, child support would be 20% of your net income for the IL child, if that child was born first, or if that child's child support matter is addressed first. If the IL child was born second, or if that child's child support matter is addressed second, child support for that? child would be 20% of your net income left after you are given credit for the MO child support $. I am not licensed to practice in MO, so I can't comment on what percentage they would use. You should schedule a consultation with a skilled family law attorney so he/she could find out the MO percentage & provide further info to you on this matter.... Read More

You don't state whether your son's father is your ex-husband, or ex-boyfriend? You also don't state whether your son's father has signed a VAP, or whether there are any court orders in effect dealing with visitation? I am educatedly-guessing you need to file a parentage case. A skilled family law attorney would need to discuss this situation with you in much greater detail, & ask you many questions, before he/she could give you the proper legal advice (and a quote) you are seeking. You should schedule a consultation ASAP. Once the matter is resolved to your satisfaction, you'll be glad you paid the money to hire her/him & properly protect your legal rights.... Read More

I don't see how your brother's divorce judgment could not have addressed the subject of custody, if their daughter was a minor at the time the judgment was entered. A skilled family law attorney would need to discuss this matter with your brother in greater detail, & ask him many questions before he/she could give him proper legal advice re this matter. He should schedule a consultation ASAP.... Read More