Illinois Family Legal Questions

If you were appointed as Guardian of the Estate of your mother then you are responsible for collecting and inventorying your mother's assets as of the date of your appointment. You should contact each financial institution that holds one of your mother's accounts, or held an account at the time of your appointment, and advise them of the creation of the guardianship, your appointment and to change the title to the account to reflect the guardianship and your authority. If your stepfather has transferred assets of your mother after your appointment as guardian of the estate you should consult with an attorney regarding action that can be taken to collect the assets for her guardianship estate.... Read More

You have a right to confirm the daycare expenses and to know what you owe.  If this matter is in court, you can file what are called discovery requests asking for the documentation.  If it is not in Court, send an e-mail asking for the documents from the other parent.  You want to creat a paper trail showing your requests. Like all family law questions, the answers lie in the specific facts of your case.  Since I do not have all of the facts, I can only give you the above generalities.  I hope this helps.  ... Read More

Until you are divorced, most Courts will require the status quo to be maintained.  They also want to protect the marital estate.  So, your wife most likely will be required to keep you on her medical insurance through work until the divorce is done.  It would beneficial to her to do so also, as medical bills incurred before the divorce are likely to be considered the marital debt of both parties.  If you were to get sick or in an accident and not be insured, she would likely be responsible for half or more, depending on the financial situation of the parties, of the bills.  Since the divorce case is pending, you should file a motion with the Court asking the Court to order your wife to name you as an insured. Like all family law questions, the answers lie in the specific facts of your circumstances.  Because I do not know all your facts, I can only give you the above generalities.  I hope this was helpful.... Read More

Until paternity is established, you get to call the shots because there is no determination by a Court that he is the Father.  Without that determination, his rights are few.  If Illinois is the home state of the child, you should consider filing a petition to establish paternity in the County where you and the child reside.  If your boyfriend is determined to be the biological father, the Court can address issues of custody, visitation and support.  In my experience, once there is an order in place articulating the rights and responsibilities of the parties, parties usually get along better.  Furthermore, your filing of a paternity case in Illinois gives you more protection against his being able to file a case in Nevada.  Like all family law questions, the answers lie in the facts and details of your situation.  Because I do not have all the specifics, I can only give you the above generalities.  I hope this was helpful to you and if you wish to discuss your matter further, feel free to contact me.... Read More

Until you file for divorce or there is some other order of Court (ie. order of protection), it does not have a big effect on your rights.  You each still have equal rights to your children and the marital estate.  Once a divorce case is filed, if your spouse is living  with someone on a continuous conjugal baisis, she may forfeit her right to seek maintenance or spousal support from you.  It may also help you in obtaining custody of your children in that one of the factors the Courts look at in determining child custody is who is the children's primary care taker.  If that is you since she moved out, it helps.  However, in child custody cases the Court considers numerous factors that help it determine the best intersts of the children.  Like most family law questions, in order to give more helpful answers we need specific facts.  Without knowing the specifics of your situation, I can only give you the above generalities.  I would be glad to discuss your matter further with you.  I hope this was helpful.... Read More

What rights does your baby's daddy have?    If baby daddy signed the birth certificate then in the State of Illinois he is the father of the child and entitled to visitation with is child. Baby daddy has to pay child support but payment of child support is not necessary for him to get visitation rights. Once visitation is established he cannot be denied his visitation because he does not pay child support.  Because he is the legal father he  has to right to petition the court for child support, visitation and custody.  If Baby daddy is not on the birth certificate then he is not the father of the child unless a separate court order has been entered or a DNA test proves he is the father of the baby.  Once he is determined to be the father of the child he is entitled to all the rights listed above. Call S.A.M. LAW OFFICE, LLC, Susan A. Marks, Attorney at 847-255-9925 for help with these paternity issues.... Read More

A skilled decedent's estates attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need (& a quote to represent you). Schedule a consultation ASAP. Once the matter has been resolved to your satisfaction, you'll be glad you paid the money to hire an experienced attorney & properly protect your (& your mother's) legal rights.... Read More

A skilled custody attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need (& possibly a quote to represent you). Schedule a consultation ASAP. Once the matter is resolved to your satisfaction, you'll be glad you paid the money to hire a quality attorney & properly protect your legal rights.... Read More

It's fine that you folks have an agreement signed by a notary, but what's important is, what does the agreement state? A skilled family law attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need. Schedule a consultation as soon as possible. If this matter is not handled correctly, one of you, or both of you, could possibly wind up in front of a judge, who could possibly order the return of the children to IL.... Read More

First of all, the mother of the children is presumed to be entitled to their custody. If she is not around or available, she is entitled to notice of any action you may bring seeking custody of the children. As a girlfriend, how have you presented yourself to the schools the children are enrolled in? You can seek custody of the children or guardianship of them. Each court will inquire as to where the parent are and may require you to give notice to other relatives in addition to the parents.... Read More

To relocate your daughter to Florida, either your ex has to agree, or, if not, you would have to file a petition for removal with the court in IL, & a judge would have to approve the move. You should schedule a consultation with an experienced family law attorney ASAP. Such an attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the proper legal advice you seek (& possibly a quote to represent you). Once the matter is resolved to your satisfaction, you'll be glad you paid the money to hire an attorney & properly protect your legal rights.... Read More

A skilled family law attorney would need to discuss this matter with you in greater detail, & ask you many questions, before he/she could give you the proper legal advice (& possibly a quote to represent you) you are seeking. Schedule a consultation ASAP, & once the matter is resolved to your satisfaction, you'll be glad you paid the money to hire her/him & properly protect your, and your children's, legal rights.... Read More