Illinois Child Custody Legal Questions

Grandparents have little if any rights when both parent are alive. Their rights are derivative of their relative, i.e. if grandson doesn't push it, then they probably will get nowhere. They need to get grandson to do something. If he sits on his butt and does not do anything, it is his problem.... Read More

No. First of all you cannot sign your rights wast unless some is adopting your kids. The fact that there is an op has no effect on your obligation to support your kids. It might even be argued that your support should be increased as they must spend all their time with the other parent, increasing that parent's costs.... Read More

If the custody judgment was entered here originally, then IL retains jurisdiction until it gives it up. SO it is possible that an IL court can enter the order modifying the parental time - but the agreement has to comply with current IL law which no longer deals with custody but allocates parenting time and parenting responsibilities.... Read More

No, it is not true that a child can pick where her or she wants to live when they become 12. There is no law or case that says that. It is an urban legend. As they get older they may have more input, but there is no magic age where what a child wants means that the child will get it. Even 17 year old sometimes can not call the shot. IT depends on their maturity among other factors.... Read More

Unless there is a pending or prior case between the two of you, there is no restriction on your wife's freedom to move anywhere she wants. If no case exists, she has no greater right to your kids than you do. You have the right to get the kids and bring them home if no case exists. Frankly you need to talk to a lawyer familiar with this area of law.... Read More

The left hand does not know what the right hand is doing. It was your obligation to advise the judge or hearing officer of the support order for the oldest child(ren). You are entitled to have that amount deducted from your income when the other support order is calculated, but you had to raise it. If you failed to appear or raise it, you should do so immediately.... Read More

In order to have visitation rights the bio father first needs to become the legal father. He or you would have to go to court to establish that. It is unclear whether the court ordered him to pay child support. If it did, it would have first made him the legal father. However, even if that is done, one of you would have to file a petition to establish a residential schedule/parenting plan. No court will require the child to go to another state to see him if he hasn't seen the child for 4 years. What a court could allow is supervised visitation until she gets to know him with increased visitation over a period of time. You would remain the primary residential parent (assuming there is no problem in your household) and he would get some week end time and vacation/holiday time. However, all of this assumes that there are no major problems the court would consider dangerous to the child (e.g. violent crime history). If your current boyfriend wants to adopt your daughter he would have to file a second parent adoption. There will be a home study and if everything is OK the social worker would recommend it. Your lawyer would make a motion to terminate the parent/child relationship with the father, which he can either sign voluntarily (it would relieve him of the child support obligation) or the court can order it if he doesn't volunteer it. Asking him to relinquish his rights before an adoption is filed is meaningless and legally useless. The weakness in your adoption case is that you and the boyfriend are not married and therefore present a less than stable relationship. It's something you should consider before filing for an adoption.... Read More

Your question raises many issues. If there was a court order for support entered in Illinois, your relocation out of Illinois is subject to question. If there was never any orders entered with regard to the child then your relocation is fine. You fail to identify where you lived, now live and where Dad is living, all of which are important. You and your boy friend can do an adoption without his signature. You have to prove a ground for adoption. Dad is entitled to be served with adoption papers and would have to come to the court where you file the adoption to contest it. He may well follow nothing and you boulder proceed with the adoption. He well contest, but you can then pursue him for his unpaid support, which he may be trying to avoid.... Read More

You fail to say what you earn and how many kids you are supporting.? You have to pay 20% of your net income as defined by Illinois law for 1 and 28% for 2 children. If 160 equals that amount, then you are not paying too much. If it is too much you need to file a motion seeking a downward adjustment.... Read More

Under the law if you are planning to move, you have to serve a notice of intent to relocate. The joint custodian can consent to your relocation - you both then have to present to the court an agreed order modifying the parenting agreement. If he does not consent, your chance of getting a court to allow the relocation are high because he no longer lives here, but you do have to follow the procedure.... Read More