Illinois Child Custody Legal Questions

It is possible that a court will downgrade his attempts at getting custody if he is living in an unmarried state with you. IT depends on the judge the case is assigned to. Some judges do not think such conduct is so horrible, others think such conduct means he is not fit. His lawyer should be able to determine what kind of judge the judge who has the case is.... Read More

It is legally possible for a grandmother to get custody, but there are many, many hoops one has to jump through to accomplish that result. ?An appropriate pleading, filed either in the case where the temporary order was entered or in a new ?case, with proper notice to both parents, is required. It is not a simple process.... Read More

You can file a Petition for Guardianship or for adoption. In either case the law requires you to make a concerted effort to find the father and give him notice of any proceeding. You can not say I have no idea where he is. You have to try to locate him and keep a record of what efforts you have made google searches, phone books, etc.... Read More

If he moves out of state it becomes very hard to collect support, especially if he is working under the radar. Unfortunately many payers of child support do that. If he is found and continues to not pay, eventually he would be put in jail, but that is along way off. He can't give up his parental rights or obligations unless the child is adopted, so that is not going to get him anywhere.... Read More

Mothers can be ill informed, as can fathers. A failure to pay support is not a basis for denial of visitation, but unless there is a court order for visitation, other than a moral right to visit, he has no enforceable basis for seeing the kids. And when he files his motion for visitation, mom will file a motion for child support.... Read More

2 different mothers, two different percentages. No it is not 32% because there are 3 kids. The mother with the oldest kid(s) gets first bite ..20% if one, 28% if two. Then after deducting the first order, mom 2 gets 20% if one, 28% if 2...which is more,than 32% if they were all with one mother.... Read More

In most counties in IL if a verified Petition for Rule is presented, the court will issue a Rule to Show Cause against the person against whom contempt is sought. If the rule is properly served, the court has the power to order a writ of attachment if the person fails to appear. If the person fails to appear, if the rule has issued the burden shifts so that the responding person has to either their compliance with the order or explain away the failure to comply with legally sufficient reasons, or the court may hold them in indirect civil contempt. If that occurs, 1) they have to pay the other side's legal fees 2) they have to bring themselves into compliance with the order or 3) they could be put in jail until there is compliance. Usually this involves money issues.... Read More

The law requires that mail be sent to your last known address. If the state did that there is a presumption that you were given proper notice. If you claim you did not receive the notice and there is a basis for the order being different (i.e. it is more than 20% of your net income) you have a basis to modify the order. If it is 20% of your income, you may have no basis to change the order, unless the child is living with you more than 50% of the time. The fact that you may have joint custody does not stop you from having to pay child support.... Read More

Unless she is below 1st grade, no court will allow him to take her out of school. IT is an example of poor drafting. You should either reach an agreement to give him a different extra time such as after school through 7 or 8 pm, or if you can not reach an agreement, file a motion to modify - if you have joint custody m you should ask him to mediate the issue.... Read More

No one has custody. Unless and until he signs a VAP or is found to be the father after a court order, then he has rights. Much depends on where he lives. If he lives in northwestern Indiana, such as Munster or Gary, then allowing him time is no big deal. but if he lives in CA, the issue is much different. These issues are fact driven. When the child is under 2 it may not be good to have lengthy periods away from you. And frankly breast feeding would be a smart idea. Nuff said.... Read More

There is no restriction on you leaving. Do it and do not tell him. While IL is the child's home state, there is no order or limit on your ability to leave. It is possible for him to seek an order fro your return, but you have no violated any law by leaving. He may have a very difficult road to get a judge to order the child returned. He is entitled to the status at filing, which is you and the child in CA, not IL. While the case would be decided by an IL court, you appear to have a reasonable basis for moving.... Read More

Hello, Anonymous. Are there any court orders or legal papers which detail each parent's rights and responsibilities in regards to living arrangements, custody, or visitation? If so, this would detail whether or not anyone has the ability to remove the children from the state. As a general rule, both parents each have equal rights to the children, and you as the father have rights to see your child and spend time with your child. The courts do not want to see a child removed from access to a parent without any recourse. If nothing has been done in the courts previously, you will want to contact an attorney immediately to discuss the matter in detail so the attorney can help you out. Time really is of the essence in a removal situation like this, and to be frank, it's not really one that is best handled by a non-attorney.  ... Read More