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 7
Do you have any Illinois Child Custody questions page 7 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

Does the non-custodial parent still need to pay child support when the step father petitions for adoption of the child?

Answered 10 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Until an order is entered terminating support, the payor remains liable. The NCP still has to pay.
Until an order is entered terminating support, the payor remains liable. The NCP still has to pay.

Can I deny him visitation until he pays or at least gets a job?

Answered 10 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you deny him visitation when there is a court order in effect you are committing the crime of visitation interference. You could eventually go to jail. Fight your battles in court, the children are not weapons to be used in your fights with him.
If you deny him visitation when there is a court order in effect you are committing the crime of visitation interference. You could eventually go to... Read More

Is it possible to terminate the baby's fatherโ€™s parental rights and how?

Answered 10 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The only to properly terminate a parent's right is through an adoption by a third party. Nothing else, other than a juvenile court termination.
The only to properly terminate a parent's right is through an adoption by a third party. Nothing else, other than a juvenile court termination.

Can I use proof of failure to pay child support to a previous child as a reason to take away parental rights?

Answered 10 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The simple answer is no. Failure to pay support is not a basis for terminating a parent's rights. It is especially true as to another child.
The simple answer is no. Failure to pay support is not a basis for terminating a parent's rights. It is especially true as to another child.

How do I get a state or court ordered paternity test even though VAP was signed?

Answered 10 years and 11 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
No court will order a DNA test. When you asked someone to sign a VAP you represented to him and to the State that he was the father. Under the law,actions have consequences. If you were not sure he was the father, you could have asked for a DNA test then. You signed a paper under oath stating that he is Dad. But nothing prevents you and anyone else from having a DNA test done outside of court. It will have no legal effect, but may answer your question.... Read More
No court will order a DNA test. When you asked someone to sign a VAP you represented to him and to the State that he was the father. Under the... Read More

Can I put my ex on child support even if we are still living together?

Answered 10 years and 11 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You are not going to "put him on" child support within that period of time. Start it now.
You are not going to "put him on" child support within that period of time. Start it now.

At what age are you legally allowed to leave your home without getting into trouble?

Answered 11 years ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It would be 18.
It would be 18.

Can the mother take me back to court if Iโ€™m done paying child support by court order, she turned 18 and started her own family?

Answered 11 years ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Your court order may be done, bu the law says you are obligated to pay child support until the child completes high school or reaches 19 years of age. After that you could be ordered to pay non-minor educational expenses. So do not assume you are done, until a judge tells you you are done.... Read More
Your court order may be done, bu the law says you are obligated to pay child support until the child completes high school or reaches 19 years of... Read More

How long do I have to wait with no contact from my childโ€™s father to file abandonment on him?

Answered 11 years ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yo can not get his rights. If he is not on the child's birth certificate, he has no rights. If he is on the certificate, the only way to terminate his rights is by adoption. You can not file abandonment anything. His lack of interest may be a basis for denial of visitation if none is ordered. If he is not seeing the child and there is no court ordered visitation, just keep a diary for use at a later date.... Read More
Yo can not get his rights. If he is not on the child's birth certificate, he has no rights. If he is on the certificate, the only way to terminate... Read More

Can he change order or get visitation if I have a plenary order of protection against my ex-husband and our son is protected?

Answered 11 years ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
He needs to modify the OP before he can seek a modification of visitation.
He needs to modify the OP before he can seek a modification of visitation.

What are the laws regarding relinquishing parental rights?

Answered 11 years ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
There is no such thing except in an adoption. Any other effort or attempt is unenforceable. When you consent to an adoption you relinquish your parental rights. There is no other valid method of doing so. Any claims to the contrary are simply fantasy.
There is no such thing except in an adoption. Any other effort or attempt is unenforceable. When you consent to an adoption you relinquish your... Read More

If an 18 year old drops out of school, can I stop child support?

Answered 11 years ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can only stop paying if you obtain a court order. You must file a motion to terminate support.
You can only stop paying if you obtain a court order. You must file a motion to terminate support.

Can my parents legally kick me out if I'm 18 but still in high school?

Answered 11 years and a month ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You are an adult. They have the right to kick you out, whether you are in high school or not.
You are an adult. They have the right to kick you out, whether you are in high school or not.

How can the child's mother and I stop the child support order?

Answered 11 years and a month ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Normally you can not. What is the reason? Even if you are splitting the child 50/50, you still might be liable for support depending on the disparity in income. The easier way is for Mom simply give you back the money. A judge will not necessarily stop the support.
Normally you can not. What is the reason? Even if you are splitting the child 50/50, you still might be liable for support depending on the... Read More

What can I do to lessen the visitation time or getting full custody due to me not feeling comfortable with his lifestyle?

Answered 11 years and a month ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The only way to modify visitation is to file a motion seeking that relief. It may well depend on when the order was entered and when he was in jail. If the order was entered before he went to jail, you have a strong argument that it is not in the best interest of the child to be with him. You do not indicate why he is in jail now. The nature of his arrests and his convictions may effect the outcome greatly.... Read More
The only way to modify visitation is to file a motion seeking that relief. It may well depend on when the order was entered and when he was in jail.... Read More

Can my daughter take her kids out of state?

Answered 11 years and a month ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You give no indication where there is. If this is an Illinois case, and there is a joint custody order, there are two steps she must take before she can leave this state. First of all, the judgment requires that she mediate any disputes with the father. She must send him a letter requesting mediation to discuss her location by certified mail. If they are unable to reach an agreement then she must seek a court order allowing her to leave the state with the kids., If he already lives out of state, it should not be so hard to obtain from a court.... Read More
You give no indication where there is. If this is an Illinois case, and there is a joint custody order, there are two steps she must take before she... Read More

How do I add my last name to my daughter's birth certificate?

Answered 11 years and a month ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Only if the mother agrees can you add your name. You can sign a Voluntary Acknowledgment of Paternity (VAP) to add your name to the birth certificate (but be aware you will have to pay child support at some time) and if Mom agrees at that time the name can be changed. Otherwise it would take a court order, which is not always easy to obtain.... Read More
Only if the mother agrees can you add your name. You can sign a Voluntary Acknowledgment of Paternity (VAP) to add your name to the birth... Read More

Can my parent keep me inside the house all the time?

Answered 11 years and a month ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you are a minor, denying you a phone is not abusive. A door may be a poor decision, but without knowing what caused that decision, it can not be evaluated. As long as you are under 18, you have to follow their rules.
If you are a minor, denying you a phone is not abusive. A door may be a poor decision, but without knowing what caused that decision, it can not be... Read More

If we have joint custody, can the father come take are kids whenever he wants?

Answered 11 years and 2 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It is unlikely that he can get joint custody. You have many defenses to such a motion. Working out of state is not a basis for seeking joint custody. One can not seek joint custody on a whim. There are parameters he would have to meet before a change to joint custody should be considered.... Read More
It is unlikely that he can get joint custody. You have many defenses to such a motion. Working out of state is not a basis for seeking joint... Read More

Can a minor be a fictive kin of his pregnant girlfriend's family?

Answered 11 years and 2 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The is no such thing as fictive kin in this state. As a 17 year old, you are aware you are still legally a minor. You appear not to want to be declared an emancipated minor, Whether a judge would force you to move back in with your parents at your age is questionable, Frankly may depend on where you live.... Read More
The is no such thing as fictive kin in this state. As a 17 year old, you are aware you are still legally a minor. You appear not to want to be... Read More

How do I assert my parental rights over my child who is in another state?

Answered 11 years and 2 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You should have fought when she moved. You sat back and to a certain extent allowed this to happen. If you were concerned about your relationship with your child, that would have been the best time to act. You can file a motion for contempt if Mom is not making the child available for your visitation, and se what the court will do.... Read More
You should have fought when she moved. You sat back and to a certain extent allowed this to happen. If you were concerned about your relationship... Read More

Do I have a chance at a judge allowing them to sign over their rights while Iโ€™m still pregnant?

Answered 11 years and 2 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
There is no legal way for a person to sign over their rights absent an adoption. Some one created this fantasy and it lingers. And you really do not have the right to take away a father if the father chooses to try to declared that status. He is not automatically entitled to visitation with the child, especially if he has not played any role in the child's life for many years. He is entitled to pay child support however.... Read More
There is no legal way for a person to sign over their rights absent an adoption. Some one created this fantasy and it lingers. And you really do... Read More

What can be done if my husband refused to pay any bills or support our children?

Answered 11 years and 2 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You have to obtain a court order for support - either in a divorce case or by going to the States Attorney and asking that they seek support for you.
You have to obtain a court order for support - either in a divorce case or by going to the States Attorney and asking that they seek support for you.

Will I lose custody of my son because I'm bisexual?

Answered 11 years and 2 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Your bisexuality is not relevant There is no inherent danger to the child as a result of your bisexuality. If you can proved he is doing drugs or selling drugs, and if he did it when you were there and pregnant, you run the risk of the court reporting the situation to DCFS. you placed yourself and your child in a high risk situation. However if you sit back and say nothing there is a chance, however small, that you will lose custody of your child. You can not sit back and do nothing. Is he on the birth certificate? If not he first has to establish he is the dad. Move away, take the kid.... Read More
Your bisexuality is not relevant There is no inherent danger to the child as a result of your bisexuality. If you can proved he is doing drugs or... Read More

Will CPS get involved when I have my baby next month if I have had a past case?

Answered 11 years and 3 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I do not think that there is a watch list posted in hospitals listing parents who have previously surrendered their children. Only if someone calls it in will they find out. If you have turned your life around, the issue is your present state, not what happened many years ago.
I do not think that there is a watch list posted in hospitals listing parents who have previously surrendered their children. Only if someone calls... Read More