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 4
Do you have any Illinois Child Custody questions page 4 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

Can I move to another state for a job and family with my son?

Answered 9 years and 7 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you have never been to court then you have no restriction on your ability to move anywhere you wish to. If there has been any proceeding involving you and the child, then there may be a restriction.
If you have never been to court then you have no restriction on your ability to move anywhere you wish to. If there has been any proceeding... Read More

Does the father have to pay for college cost when the court decree stated support until age 18 or graduated high school?

Answered 9 years and 7 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes you do. Case law is clear that a child whose parents are not married still has the right to go to college with financial assistance from the parents.
Yes you do. Case law is clear that a child whose parents are not married still has the right to go to college with financial assistance from the... Read More

Can I get child support even if my child's father never established paternity?

Answered 9 years and 7 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
As long as the child is under 18 you can seek child support. It is not up to the father to establish paternity. He could sign a Voluntary Acknowledgement of Paternity or a Court could find him to be the father and order him to pay support.
As long as the child is under 18 you can seek child support. It is not up to the father to establish paternity. He could sign a Voluntary... Read More

How do I get custody of this baby if mother is currently in jail?

Answered 9 years and 7 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Is your sister over 18? If she is it is her call, not your mother's as to where the child should go.
Is your sister over 18? If she is it is her call, not your mother's as to where the child should go.

Can I take the mother to court to get the same rights over my child like sharing visitation or sharing time between one another?

Answered 9 years and 9 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes.
Yes.

Can my daddy sign me up for school if my aunt has legal guardianship of me and custody?

Answered 9 years and 9 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
No - only your aunt can.
No - only your aunt can.

Can I take my son to live with me out of state if there is no custody in place?

Answered 9 years and 9 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If there is a support order, there is a custody case. If you want to move, you need his approval or an order of court. If there never was a case filed, then you are free to go and take your child.
If there is a support order, there is a custody case. If you want to move, you need his approval or an order of court. If there never was a case... Read More

Does she need to come here for visitation or do we need to go there and who is responsible for the travel expense?

Answered 9 years and 9 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
There are too many facts not provided. Where were the parties divorced? What states are involved? Is there a current visitation order in effect? Does it provide for supervised visitation? What state has jurisdiction over a visitation dispute? How long have they lived in "another" state. Each fact may generate a different answer.... Read More
There are too many facts not provided. Where were the parties divorced? What states are involved? Is there a current visitation order in effect?... Read More

Is the 28% split between the two kids or does each get 28%?

Answered 9 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Th law is that the other of child #1 gets the first 30% of the father's net income; then mother #2 gets 20% of the net income after deducting the child support paid to mother # 1. With two separate mothers 28% is not any part of the equation.
Th law is that the other of child #1 gets the first 30% of the father's net income; then mother #2 gets 20% of the net income after deducting the... Read More

Can my dad prevent me from seeing my mom?

Answered 9 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes - you can not leave the country unless he consents or there is a court order allowing you to leave the country. The State Department requires either to allow you to leave.
Yes - you can not leave the country unless he consents or there is a court order allowing you to leave the country. The State Department requires... Read More

If my son in jail gives me POA can I go to court for him and set up visitation rights with his ex-girlfriend?

Answered 9 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
No - a POA is not recognized in divorce cases - only financial matters. If he is in hjail judges are hesitant to grant visitation rights.
No - a POA is not recognized in divorce cases - only financial matters. If he is in hjail judges are hesitant to grant visitation rights.

Will the state make my boyfriend pay child support even if we live together?

Answered 9 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
That is required under Federal law.
That is required under Federal law.

How do I get my son back after I gave my cousin temporary custody while I get myself together?

Answered 9 years and 11 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
She is wrong - simply revoke your temporary granting and it is over. If there is no court order, go pick yup your child.
She is wrong - simply revoke your temporary granting and it is over. If there is no court order, go pick yup your child.

Can I get visits with my daughter if Iโ€™m not the biological dad?

Answered 9 years and 11 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Illinois does not recognize your status. She is not your daughter and you, unfortunately, do not have any right to see her. Sorry.
Illinois does not recognize your status. She is not your daughter and you, unfortunately, do not have any right to see her. Sorry.

How can I file for a motion to discontinue child support?

Answered 9 years and 11 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You need to file a motion to modify the prior custody order and support order. That has to be served on the mother. Then the court should enter a new order regarding the parenting time and support
You need to file a motion to modify the prior custody order and support order. That has to be served on the mother. Then the court should enter a new... Read More

Can they just ask for a drug test if this is the first time they have ever been involved with my family?

Answered 10 years ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes you should worry - they have unbridled power - be very careful,.
Yes you should worry - they have unbridled power - be very careful,.

How can I get my name as the mother off my sonsโ€™ birth certificate?

Answered 10 years ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can not be removed from a birth certificate unless the child is adopted by someone.
You can not be removed from a birth certificate unless the child is adopted by someone.
No.
No.

Can the father of my child give up his parental rights since I put him on child support?

Answered 10 years ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The only way to "give up" rights is for the child to be adopted. There is o other way to terminate someone's rights.
The only way to "give up" rights is for the child to be adopted. There is o other way to terminate someone's rights.

How do I know if the papers the father of my child wants me to sign are legal?

Answered 10 years ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Every lawyer does things differently. If he was hired to prepare papers by the father, it is not unusual to give them to the father to get you to sign whatever they may say, Nothing requires that you sign them in front of a judge. But without seeing the papers and reviewing them, a lawyer cannot tell you if you should sign them.... Read More
Every lawyer does things differently. If he was hired to prepare papers by the father, it is not unusual to give them to the father to get you to... Read More

Does my children's father need to consent to a hyphenated last name change?

Answered 10 years and a month ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
When they turn 18 they are adults and can change their name to whatever they want (within reason, i.e. not something controversial like Osama Ben Laden or Jesus Christ or whatever) but otherwise they can do so, but they have to do it in court, and they do not have to give you or your x notice - they have to publish notice in a newspaper of general circulation. every court house has a change of name procedure they can follow.... Read More
When they turn 18 they are adults and can change their name to whatever they want (within reason, i.e. not something controversial like Osama Ben... Read More

Can I keep my son from visiting his father until we go to court if we are not and never were married?

Answered 10 years and a month ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
While you might be able to do that legally, it will not look good to the court that you have shut off his time with his child. And is it good for the child, or are you being vindictive because of the girlfriend. Think about the effect on the child.
While you might be able to do that legally, it will not look good to the court that you have shut off his time with his child. And is it good for... Read More

Can a parent leave the state if the other parent won't respond to communication?

Answered 10 years and a month ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If there is a parentage or divorce case between them, then no, a court order is required absent written consent.
If there is a parentage or divorce case between them, then no, a court order is required absent written consent.

What can I file to at least stop her move?

Answered 10 years and a month ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You need to file and serve a motion to enjoin the move.
You need to file and serve a motion to enjoin the move.

What can I do to stop my daughterโ€™s mom from leaving the state without my permission?

Answered 10 years and a month ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
That's tomorrow. Go to court on tie and tell the judge. Normally I would tell you to write up and serve an emergency motion, but you are in court before yo could do that.
That's tomorrow. Go to court on tie and tell the judge. Normally I would tell you to write up and serve an emergency motion, but you are in court... Read More