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 8
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Recent Legal Answers

How many attorneys do I need to get guardianship of my grandson?

Answered 11 years and 3 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You need one and the court may appoint one for your grandson, that you will have to pay for.
You need one and the court may appoint one for your grandson, that you will have to pay for.

How can I postpone a court date?

Answered 11 years and 3 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
A motion to reset could be filed. But you or your lawyer must present it. If you have the money to hire a lawyer, you have the money to appear. Practically what is your defense. If you lost your job, you had to file a motion to modify support. You did not do so. You owe the money. Whether you have the ability to pay it is a different issue. You need a lawyer.... Read More
A motion to reset could be filed. But you or your lawyer must present it. If you have the money to hire a lawyer, you have the money to appear.... Read More

What does paying for the kid has anything to do with what I make?

Answered 11 years and 3 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You hear wrong. Even though what you make is not relevant unless you are a HIGH earner, he is entitled to that information. But frankly if you make money going into court unrepresented may be a foolish act.
You hear wrong. Even though what you make is not relevant unless you are a HIGH earner, he is entitled to that information. But frankly if you make... Read More

Since she filed and is trying to get custody, can I legally still take her as long as I notify the police that I took her for my daughterโ€™s safety?

Answered 11 years and 3 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Until a court says otherwise she has an equal right to custody of either or both children. If you believe your daughter is not being cared for properly, you need to seek her temporary custody.
Until a court says otherwise she has an equal right to custody of either or both children. If you believe your daughter is not being cared for... Read More

What can be done about false information on a custody document?

Answered 11 years and 4 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you mean moved out of state, she had no right to do so. Simply giving her ex notice is not sufficient. She needed a court order or his written consent.
If you mean moved out of state, she had no right to do so. Simply giving her ex notice is not sufficient. She needed a court order or his written... Read More

If I am married but not together and he files a petition for visitation, can we still move out of state?

Answered 11 years and 5 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
No. The court has jurisdiction over your kids. You must obtain court approval before you can leave the state.
No. The court has jurisdiction over your kids. You must obtain court approval before you can leave the state.

Do I have to pay support to children that are not mine?

Answered 11 years and 5 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If there is a judicial or administrative finding that they are yours, and there most likely is one as there is a support order against you, you have to comply with the order until it is modified. Failure to do so could have drastic consequences, such as loss of drivers license, seizure of bank accounts etc. The response is that you could have asked for a DNA test if you wanted to.... Read More
If there is a judicial or administrative finding that they are yours, and there most likely is one as there is a support order against you, you have... Read More

Can I get my child support back which I paid for a non-biological son?

Answered 11 years and 5 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
He is your son. The time to do anything has passed. Stop using the "" and love him as if he is your own. You have a court order saying so.
He is your son. The time to do anything has passed. Stop using the "" and love him as if he is your own. You have a court order saying so.

What self-help forms are available to change my minor son's name without involving his father?

Answered 11 years and 6 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can not change his name without involving his father. If he is on the birth certificate he is entitled to notice of any legal request to change the child's name.
You can not change his name without involving his father. If he is on the birth certificate he is entitled to notice of any legal request to change... Read More

What can I do about my fiancรฉโ€™s ex-wifeโ€™s stipulations on where their children visit?

Answered 11 years and 7 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Let's start from the top. If he is no obligated to pay child support, he may not be entitled to visitation with the kids. If there is a court order for visitation, then he has the right to care for his kids as he sees fit. Having his children with you is his right, if he chooses. Some might say that if you are not married it is not appropriate to have the kids together, but once you are married, unless you pose a danger to the kids, the ex has no say if the kids are with you.... Read More
Let's start from the top. If he is no obligated to pay child support, he may not be entitled to visitation with the kids. If there is a court order... Read More

How does he get the child support dropped?

Answered 11 years and 7 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can not make him do what he is unwilling to do. It may well be that his college contribution would be more than his child support payment. Depending on the county and the judge, the amount he would be ordered to pay toward college varies widely. His child support obligation did not end until May of this year, even though his child turned 18 last November. The only way he gets his support dropped is by going to court, unless the support order had a termination date. Even with a termination date many employers want the protection of a formal court order terminating support,... Read More
You can not make him do what he is unwilling to do. It may well be that his college contribution would be more than his child support payment.... Read More

What are my visitation rights if I live in a different state?

Answered 11 years and 7 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you are the biological father, who is he? If he is mother's husband, the presumption is that he is the dad. If you want parenting rights (as well as the responsibility of paying support) you have to file an action seeking that relief from a court of competent jurisdiction.
If you are the biological father, who is he? If he is mother's husband, the presumption is that he is the dad. If you want parenting rights (as well... Read More

Can I move 50 miles away from the non custodial parent?

Answered 11 years and 7 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you have sole custody you can legally move anywhere in the state. But you have to continue to comply with the visitation orders.
If you have sole custody you can legally move anywhere in the state. But you have to continue to comply with the visitation orders.

Can he just leave her with anyone he wants on the weeks that he pays for childcare if we have joint legal custody and I am the custodial parent?

Answered 11 years and 7 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Your legal right is to demand mediation of the issue with your former husband. The joint custody agreement you signed is required to contain a mediation provision. It should set forth the procedure you and he are supposed to follow when you have disagreements regarding the care of the child. If mediation is unsuccessful, you can seek relief from the Court. Smoking may be an appropriate issue, however. Smoking is smoking.... Read More
Your legal right is to demand mediation of the issue with your former husband. The joint custody agreement you signed is required to contain a... Read More

Can I move with my child out of state if I'm still married and neither of us have filed for divorce or legal separation?

Answered 11 years and 8 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If no case has been filed, you can take your son anywhere you want. But then be prepared for him to file a divorce, seek custody and if filed within six months of your move, only an IL would have jurisdiction over the custody issues. A court here may well order you to come back with the child, although there is case law which says that kind of relief is error.... Read More
If no case has been filed, you can take your son anywhere you want. But then be prepared for him to file a divorce, seek custody and if filed within... Read More

Can he be ordered to pay retroactively even before I filed if he was not paying the 20%?

Answered 11 years and 8 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
He is not required to provide you with proof of his income unless there is an order that he do so. If there is not order that he do so, then you are not entitled to retroactive relief. If there is an order that he do so and he did not, then you can ask for relief retroactive to when he should have given you the information. If there is no order that he give you proof of his income, then it was your burden to seek relief from the court. If you did not do so, you are not entitled to retroactive relief.... Read More
He is not required to provide you with proof of his income unless there is an order that he do so. If there is not order that he do so, then you are... Read More

How do I get guardianship of my 20 year old niece?

Answered 11 years and 8 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Unless she is disabled, she is an adult. As an adult you can not get guardianship of her. If she is disabled then a guardianship can be commenced. However that is a much more complicated matter. The only other way is an adult adoption.
Unless she is disabled, she is an adult. As an adult you can not get guardianship of her. If she is disabled then a guardianship can be commenced.... Read More

Does the biological father have more rights than a man who signed the birth certificate?

Answered 11 years and 8 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
No. The VAP controls. It is very difficult to vacate the VAP. The boyfriend is the father. Until a court rules otherwise, he is entitled to pay support and to have time with the child.
No. The VAP controls. It is very difficult to vacate the VAP. The boyfriend is the father. Until a court rules otherwise, he is entitled to pay... Read More

What do I need to do to file custody if my sonโ€™s mom lives with her boyfriend who uses and has convictions for drugs?

Answered 11 years and 8 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Are you on the birth certificate? Did you sign a VAP? If the answer to those questions is no, then you first have to file an action to be declared the father. In that action you can seek custody. If the answer to those questions was yes, then you have to file an action seeking custody. Neither are simple things to do. It is best to at least consult with an attorney.... Read More
Are you on the birth certificate? Did you sign a VAP? If the answer to those questions is no, then you first have to file an action to be declared... Read More

Will support modification be worth in time and money to go back to court and is this something a mediator would handle?

Answered 11 years and 8 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Typically mediators, in the past, have not mediated support issues. If you have sole custody of one minor child you are entitled to 20% of your ex's income. I am unaware of a "state minimum" support amount, other than a throwaway figure of $100. There is no such number as far as I am aware. AS to the child in college, you should have filed a petition seeking contribution for college as the relief may only be available from the date of filing. After it is filed and noticed properly, then you can agree to mediate it, if you choose.... Read More
Typically mediators, in the past, have not mediated support issues. If you have sole custody of one minor child you are entitled to 20% of your ex's... Read More

What can I do if my ex is denying me the visitation stated in the divorce decree?

Answered 11 years and 9 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Do Mom and kids live here? If they do and she is denying you time with your kids, you need to file a motion in the IL court which granted the divorce seeking enforcement of your rights. That is the only thing you can do, unless the police where she lives and the states attorney where she lives will charge her with criminal visitation interference (which is note likely.)... Read More
Do Mom and kids live here? If they do and she is denying you time with your kids, you need to file a motion in the IL court which granted the... Read More

If my ex fails in paying child support so far, can I have his rights revoked soon?

Answered 11 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Failure to pay support is not a basis for terminating his rights.
Failure to pay support is not a basis for terminating his rights.

What can I do if dad owes child support, but I can't find him?

Answered 11 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You or your mother has to find him. There is no other method. A judgment is a piece of paper. You as the potential judgment creditor have to find him in order to collect the judgment. There are lawyers who have expertise is locating deadbeats.
You or your mother has to find him. There is no other method. A judgment is a piece of paper. You as the potential judgment creditor have to find... Read More

What are my options if my ex-husband and I have a joint custody and I am moving within the state?

Answered 11 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you have true joint parenting, you and your ex are supposed to meet and attempt to work out new transportation arrangements. If you can not, then you and he must mediate the issue with a mediator. If you are still unable to reach a resolution, then and only then can you file a motion to modify the visitation.... Read More
If you have true joint parenting, you and your ex are supposed to meet and attempt to work out new transportation arrangements. If you can not, then... Read More

What do I have to do to terminate his rights and have no ties at all?

Answered 11 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
He is barred from visitation by statute. He is obligated to pay support.
He is barred from visitation by statute. He is obligated to pay support.