Illinois Child Custody Legal Questions

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336 legal questions have been posted about child custody by real users in Illinois. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child support. All topics and other states can be accessed in the dropdowns below.
Illinois Child Custody Questions & Legal Answers - Page 2
Do you have any Illinois Child Custody questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 336 previously answered Illinois Child Custody questions.

Recent Legal Answers

If I terminated my attorney and do I have to appear in court when she files a motion, do I have to represent myself as a substitution?

Answered 8 years and 7 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you or an new atty do not file an appearance on your behalf do not appear after your terminated attorney withdraws, the court has the right to enter an order of default against you. If you are the plaintiff and the defendant has not filed a counter-complaint against you.
If you or an new atty do not file an appearance on your behalf do not appear after your terminated attorney withdraws, the court has the right to... Read More

If I have a school records to prove that the child was living with me, should I be paying child support which ordered when she was about 10 years old?

Answered 8 years and 8 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
IF you never went to court to stop payment , it is very hard, if not impossible, to defend such a case. It was your responsibility to go to the court to get the support stopped. The fact that you did nothing to stop it does not work in your favor.
IF you never went to court to stop payment , it is very hard, if not impossible, to defend such a case. It was your responsibility to go to the court... Read More

Does the most recent support order supersede the previous ones?

Answered 8 years and 8 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It depends on what the orders say and don't say.
It depends on what the orders say and don't say.

If my boyfriend and I marry, would I be held responsible for paying child support for his son from another woman?

Answered 8 years and 8 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
That would be a no.
That would be a no.

Can giving my parents guardianship be used against me?

Answered 8 years and 8 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Can be tried. but not likely to be successful. There are possible alternatives to health insurance you might try.
Can be tried. but not likely to be successful. There are possible alternatives to health insurance you might try.

How can I stop back pay child support if my daughter is 35 now?

Answered 8 years and 8 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you are paying an arrearage, her she is not relevant. If there was no arrearage, then you should have done something. You need to file a motion to terminate support...unless she is and was disabled, and if an appropriate order was entered to continue the support in which case it never ends.... Read More
If you are paying an arrearage, her she is not relevant. If there was no arrearage, then you should have done something. You need to file a motion to... Read More

Can I get full custody of my 11 year old daughter while her father is in prison?

Answered 8 years and 8 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If he is a convicted sex offender it may be possible to obtain an order barring him from visitation. You should not sit back but act quickly.
If he is a convicted sex offender it may be possible to obtain an order barring him from visitation. You should not sit back but act quickly.

What are chances the judge would let my daughter come back home with me?

Answered 8 years and 8 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You fail to provide her claims which formed the basis of the EOP. Without those claims and your defenses, your question is not answerable.
You fail to provide her claims which formed the basis of the EOP. Without those claims and your defenses, your question is not answerable.

Can mom sign over rights so dad can leave the hospital with the baby?

Answered 8 years and 9 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
IF she is in another state, the laws of that state apply. Are father and wife going to adopt the baby? If that is the case, then mother might be able to sign a consent to the adoption.
IF she is in another state, the laws of that state apply. Are father and wife going to adopt the baby? If that is the case, then mother might be... Read More

Can I move away with my son without his fatherโ€™s written permission?

Answered 8 years and 9 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Only if there has ever been a case filed involving the three of you are your movements limited. If there has never been a case filed, you are free to go.If there has been a case filed, you will need court approval.
Only if there has ever been a case filed involving the three of you are your movements limited. If there has never been a case filed, you are free... Read More

Since there is no conflict, can we just move to Illinois without filing a stipulation?

Answered 8 years and 9 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Your best bet is to sign a stipulation with your ex, and submit it to the family court for approval. That protects every one.
Your best bet is to sign a stipulation with your ex, and submit it to the family court for approval. That protects every one.

Since there is no conflict, can we just move to Illinois without filing a stipulation?

Answered 8 years and 9 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Better to file an accepted Notice of Relocation.
Better to file an accepted Notice of Relocation.

What can happen to a child that leaves home at age 17 to live with biological grandparent if the grandparent?

Answered 8 years and 9 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
A grandparent has no inherent right.
A grandparent has no inherent right.

If my ex-husband wants to sign his rights over and just pay $1,000 or so in back child support and be done, will the judge allow this if I agree?

Answered 8 years and 9 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can ask, but he does not have to agree and I doubt if a judge would order it.
You can ask, but he does not have to agree and I doubt if a judge would order it.

Can my boyfriendโ€™s ex, mother of his child, put me a restriction order towards her daughter?

Answered 8 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You should not be discussing these issues with your children at all. These are matters that people who call themselves adults have to work out - sometimes with the assistance of the court. Every judge has his or her own personal baggage. Many will allow parenting time by Dad in situations such as yours, but some may not.... Read More
You should not be discussing these issues with your children at all. These are matters that people who call themselves adults have to work out -... Read More

If I cancel my parental rights, can I waive child support too?

Answered 8 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You cannot cancel your parental rights - even if your visitation is stopped by and order of protection, your obligation to pay support will continue at east until the child graduated high school or becomes 19 years of age (there are some circumstances where child support will continue after 19).... Read More
You cannot cancel your parental rights - even if your visitation is stopped by and order of protection, your obligation to pay support will continue... Read More

If my son will be turning 18 while he is in high school, what rights do I have? Can he move out or quit school?

Answered 8 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
At 18 he can live where he wants. The court loses power over him unless he is disabled and declared such. He can quit if he wishes.
At 18 he can live where he wants. The court loses power over him unless he is disabled and declared such. He can quit if he wishes.

Can I get my ex-husband's rights revoked?

Answered 8 years and 11 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Anything is possible. Depends on what he has done.
Anything is possible. Depends on what he has done.

In our state law if you are 18 years old, what age can you move out if you are still going to school?

Answered 8 years and 11 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Once you reach 18, you are an adult and can do what you want. It may have non-legal consequences.
Once you reach 18, you are an adult and can do what you want. It may have non-legal consequences.
If you are in an abusive relationship, then I strongly recommend an appointment with an immigration attorney as soon as possible. There are options, but you can give up those opportunities by not taking action soon enough.
If you are in an abusive relationship, then I strongly recommend an appointment with an immigration attorney as soon as possible. There are options,... Read More

If the father has not seen a child in over 2 years, is that considered abandonment?

Answered 8 years and 11 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
1 - the only way that his rights can be terminated is for n adoption to occur. 2- you cannot get a legal termination any other way 3 - if he has been declared the father and there is an order of support, the law does not recognize the issue of abandonment when it comes to visitation. The fact that he has not seen the child in 2 years at this young an age means his reintegration into the child's life should be slow - an hour or two at first and then gradually more.... Read More
1 - the only way that his rights can be terminated is for n adoption to occur. 2- you cannot get a legal termination any other way 3 - if he has... Read More

How did she change my childโ€™s last name without my consent?

Answered 8 years and 11 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
1 - you need to pay child support until a court stops it. 2 - you were entitled to notice of any name change. If she did it without notice to you, it is voidable. Did he know your address? 3 - if there us a court order for tie with your child, and she is barring you, you can ask that she be held in contempt.... Read More
1 - you need to pay child support until a court stops it. 2 - you were entitled to notice of any name change. If she did it without notice to you,... Read More
No. The law only requires that he pay a small witness fee, unless you are an MD or have a signed contract with a party that provides for payment.
No. The law only requires that he pay a small witness fee, unless you are an MD or have a signed contract with a party that provides for payment.

Is it possible to have child support removed seeing as I have him half the time?

Answered 9 years ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It depends on your respective incomes. If you make more than the other parent does, and you truly share the child equally, then the higher earner should pay of the differences between net incomes to the other parent (until July 2017 when the law changes.
It depends on your respective incomes. If you make more than the other parent does, and you truly share the child equally, then the higher earner... Read More

Will I have to pay my fiance's back child support once we are married?

Answered 9 years ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Keep separate bank accounts. Do not commingle earnings. If you do that then you will most likely not have to pay any of his support.
Keep separate bank accounts. Do not commingle earnings. If you do that then you will most likely not have to pay any of his support.