Illinois Family Legal Questions

First, keep any assets you had prior to the marriage separate; don't mix it with post marriage earnings or other assets.  In a divorce, the court's can divide assets acquired during the marriage.  The other way to protect yourself is with a post-nuptial agreement.  Please call for an appointment if we can help  Joe Borsberry (Peoria) (309) 637-9000... Read More

if you get a divorce, any settlement for a claim made during the marriage is subject to being divided.  The law says divided "equitably, " which isn't necessarily equally.  I would argue that you should get more because the settlement may be for your future expenses.  Joe Borsberry (Peoria).  (309) 637-9000... Read More

Child support is to be paid to the parent of your child.  With the birthing of a child, it may be that your daughter is emancipated.  If so, that would allow you to petition the court to terminate support.  It may, however, be that she is not emancipated and remains your obligation to support.  This is a question best asked of an attorney upon presentation of all relevant facts. As to her child, the father of that child is subject to statutory support obligations.  Depending on the circumstances, there may be other statutory issues facing or awaiting that person.  The new born child (the grandchild) would not be added to your support obligation (which is defined by the support order entered which listed the children for whom support is to be paid). It may be beneficial to all for the grandchild to be placed on your insurance.  This may be something that your policy may allow.  That is not, however, a matter of mandatory support. Considering these circumstances, you may wish to bring a copy of your support order to an attorney to see what options to exist under that order.  Should you not know such an attorney, a call to your county bar association may be in order.  Most bar associations operate a lawyer's referral program to put you in touch with an attorney for a free or reduced fee consultation.  ... Read More

A petition for name change can be filed with the court.  This is a pleading that, as parent, you could sign.  It needs to be published in the paper and requires a hearing before a judge.  Despite this being pursuant to statute, each county has a slightly different process.  It is, however, not a lengthy process and can be concluded with only one court appearance. With the technicalities involved, including issues as to the birth certificate, securing the representation of counsel would be suggested and highly recommended.  Since name changes can also be viewed as a way to avoid the formalities (and burdens of proof) of adoption proceedings, there are some additional issues that may need to be addressed with any judge before the name change would be allowed.  To insure that you know what to expect and are in a position to answer any such questions of the court, good legal counsel should be sought out for, at the minimum, a consultation.  Should you not know where to find an attorney experienced in such matters, the county bar association is a good starting point.  Most have referral programs to put you in touch with an attorney that practices in such areas.  While many clerk's office have forms that you could look to complete, this is a very technical matter that require compliance with statutory provisions that would be more easily addressed via representation.  ... Read More

It is possible to terminate a sperm donor's parental rights in an adoption proceeding. Under Illinois law, the biological father would have normal rights and responsibilities. In order to terminate those rights, you would need to go through a formal adoption proceeding, which would terminate his rights in favor of the person adopting. You would in effect need to adopt your own child, with someone else, to terminate his rights. Assuming his rights are terminated, you can later allow the child the right to have a relationship.... Read More

The best suggestion is for your to consult with an experienced attorney in family matters.  While you indicate financial matters preclude a divorce, such a filing may be the most expedient path to a visitation order. Visitation rights are just that - rights secured via a court order.  An order can set forth specific times, dates, places, and address transporting issues of the children.  Once obtained, enforcement can occur via contempt proceeding in court or with the assistance of police, who would look to enforce the pick-up provisions of the order.  This will require the filing of pleadings with a court and a court order awarding you visitation with your children. It may be possible for you to secure professional advise for a pro se (representing yourself).  Some counties have attorneys at the clerk's office to assist individuals with preparing pleadings;  other counties have referrals to attorneys that provide legal advise and can help you to understand the steps needed to secure a visitation order.  Again, the starting place is for you to meet with an attorney to determine the best course of action to assist you in seeing your children.  This is especially true if there are other issues, such as potential leaving state or abuse or other forms of misconduct. If you are unsure where to start, check with your county to see if there is an attorney referral program.  That should provide you with the names of local attorneys experienced in such matters as yours.  You could then review their website and contact them for assistance.  ... Read More

I don't blame you.  My mother made have nasal surgery at that same age, since then I have never smelled or tasted much of anything.  And it was because she did not like the shape of my nose. Most counties have a local bar association, where you can get pro bono advice.  I was born and raised in Chicago, and know all the counties around there do.  If you are downstate, check on the web.  Obvolute your are pretty savvy on the computer.  I don't know the answer, it has been years since I practiced in Illinois, and don't know the current law, but I think at your age the judge would probably listen to you.  Good luck to you.  Stand your ground.  You can always do it later. I think that when you get that kind of feeling, go with the guts.  Something is telling you to not do it. (That was Mom advice.)... Read More

The short and simple answer is yes. However, divorce can be complicated.  There is no easy answer to divorce matters, especially where custody is at issue. This is due to a variety of matters, including but not limited to how the law applies to your underlying factual situation, the financial resources of the parties, and the age and needs of the children.  If you are seeking custody of your children, you should contact an experienced divorce/custody attorney in your county quickly. Her filing instituted a divorce proceeding.  If you were served with a copy of that petition, there are now time constraints to be met or you risk being able to fully represent your interests before the court.  Additionally, her petition should state her position on custody, which may be contrary to her having left the children with you.  As such, she may look to return to the house, take the children with her to a new residence, or take some other form of action, such as seeking an order of protection removing you from the house. Since you provided no details regarding the nature of the separation or the circumstances surrounding her leaving, these issues need to be brought to the attention of an attorney.  To protect your interests, you may wish to file a counter-petition or simply elect to respond to her petition.  As either action carries a significant legal impact, any such decision needs to be carefully considered. If you do not know where to find such an attorney, most counties have bar associations with referral services.  You should be able to obtain a couple of names, conduct an internet search, review their website, and contact one for a consultation.  The key is to quickly obtain the needed legal information to allow you to make an informed decision regarding your situation.... Read More

It is had to provide any direct information to you.  The problem is clear as there is no contact being allowed with your child.  You, however, failed to say whether she is your ex-wife or ex-girlfriend.  This is an important distinction as, if she is your ex-wife, there would be visitation provisions in the divorce decree.  You could then look to address these problems by enforcing the terms of that decree. Based upon your question, it would seem this is not our situation and there is no court order.  The question then becomes one of establishing visitation rights.  This can be done via a paternity court proceeding.  A petition for visitation that acknowledges parentage would position the court to enter visitation orders.  Once the court rules, you can have police look to enforce the order, seek contempt sanction for any violation, and the law also provides for suits for unlawful interference with visitation. The key is to establish an enforceable right to visitation.  It may be that you have already acknowledged paternity or this would need to be done in court.  You would then seek visitation as dad.  The court could order mediation or conduct a hearing or look to conduct a hearing after mediation.  In turn, the ex will probably look to obtain a support order.  This, too, would be ordered by the Court. Based upon the stated conduct of your ex, the suggestion is that you should immediately seek legal advise on these points.  Your situation is clearly fact driven and much of that information was not provided in your inquiry.  A parent has rights, but those rights need to be detailed in a court order to be truly enforceable.  With the hostility you are experiencing and the actions taken to keep you away from the child, contested litigation would be expected.  As a result, you should seek an attorney experienced in child visitation and support matters in your county. Should you not know of any such attorneys, a quick internet search would provide some names of attorneys in your area.  Their respective website would also provide you with an overview that may help you better understand your situation and identify your concerns and goals.  Many counties also have a bar association that has a referral service.  That would be a good starting point in looking for an attorney.... Read More

The word "reasonable" is subject to much interpretation.  While there is no set fee for legal work, most firms do have an hourly rate for their services.  You can ask the attorney what is the rate of compensation being charged and the number of hours of time being expended.  That should equal the fee being quoted.  If you have a relatively simply asset and debt situation, the number of hours would be rather low.  However, if you have complicated holdings and a detailed review of finances and assets is required, one would expect a much greater expenditure of time.  Additionally, more expertise may be required, which would be shown by a higher hourly rate. Finally, there is a comfort level that goes with the selection of an attorney.  An hourly rate may be higher or the quoted time greater, but you may feel this particular attorney is best for you.  A good working relationship with an attorney cannot be understated.  Every attorney has their own fee structure and way for relating to and with clients and prospective clients.  If you feel that you are being charged too much (the hourly rate too high, etc), then you should probably look elsewhere as there is already a gap in the needed trust/confidence factor that needs to exist between any client and attorney.  You may also feel the price is too low in comparison with other attorneys.  Questioning on time expenditures and additional fees can address that concern, but, again, it may not.  You may elect to look elsewhere based on the "comfort factor." The best answer is, based upon the legal services being provided and the level of attention being received, do you feel hiring this particular attorney is in your best interests?  The fee would then become a non-issue.... Read More

Your issue is not with custody, nor joint custody.  This issue is with the on-going visitation and its impact upon you, the child and your relationship with the child.  Where you to secure a "full custody order," there would still be visitation with the ex-spouse.  In fact, the joint parenting may be to your advantage.  Read it closely.  There should be provisions detailing the conduct of each parent, especially in the presence of the child.  Additionally, there may be provisions for mediation.  This is where you can raise an issue - such as the language choices and exhibitions of violence towards the dog - and ask to mediate these issues.  Mediators are trained in such matters, look for areas of compromise, and can assist is finding acceptable non-judicial resolutions.  This may be an option that you would look to explore. You may also wish to consult with an attorney to determine what is considered acceptable conduct to address for change in mediation.  For example, the matter could be seen as an internal pet issue even though the dog is, per you, being abused.  It may also be that an abusive environment is perceived to exist that improper teaches a child how to respond violently to issues of annoyance in life.  An attorney with experience in mediation and visitation matters in your county can help you to assess the best means to address this situation, not only for yourself, but your child. If you were satisfied with the attorney that handled the divorce, a return appointment may be in order.  This attorney would have the familiarity with your ex-husband.  You may also look for an attorney with more of a specialty in post-decree and/or mediation matters.  A quick search of the internet or a call to your county bar association should provide you with the names of such attorneys.... Read More

Unless there is a crime involved, people can do with their money as the see fit.  An exception occurs in divorce proceedings where the issue of dissipation can be raised.  What you are describing could constitute dissipation, but there are a number of legal hurdles that must be cleared.  If the conduct is truly improper and the marital estate has been wrongfully depleted (through dissipation of assets), a disproportionate distribution of the remaining assets can be made to make up for this loss to the aggrieved spouse. The key is for you to secure quality legal advise and, should you elect to pursue a divorce, legal representation.  Should a mortgage be secured against your home, that would be additional debt against an asset with much less cash value than before.  This could impact your continued ability to live in the house, to service the debt upon it and to receive appropriate compensation for any prior dissipation that may be proven.  As, such, an appointment should be set with an attorney sooner rather than later. It may be possible to obtain a court order that precludes him from finalizing any refinancing.  He may also be precluded from making distributions from other assets to the ex-daughter in law.  A well presented argument to the Judge may provide you the interim relief you need while positioning you to address your long term needs through the finalization of a divorce. These are again matters to discuss with prospective counsel. Should you not know where to look, the internet is a good start.  Also, most counties have bar associations that maintain referral programs to local attorneys.... Read More

While there can be no legal advise given to you, we can suggest the starting point being your divorce decree.  It should set out what each parent's responsibility is regarding college. The divorce statute also contains specific language regarding contribution to college expenses. As to your decree, it may be that there is language that requires action prior to any expenses being incurred.  It is also possible that it is silent as to when such expenses are to be paid.  If there is a 50/50 obligation, one would hope that you could petition the court for reimbursement of the monies paid.  It would then be up to the court to review the matter.  You may be able to seek monies for all 5 years or only the first 4 years. The suggestion is for you to secure documentation detailing all monies paid by you for college.  Also, any letters or notices to the father over enrollment choices, expenses, grades, etc, should be gathered as well.  These materials, along with copies of grades obtained should then be taken to an attorney experienced in such post decree matters.  The attorney should be able to review all of your materials in light of both the decree and statute and make an assessment as to the likelihood of your recovery and what limitations, if any, you should expect from the court. You should do this sooner rather than later.      ... Read More

No legal advise can be given to you.  A consultation with a local attorney, who can review both the order and motion would be the best suggested plan of action.  As to your inquiry, the practical answer would appear to be that the meaning of that motion is that you are returning to court over visitation matters. It would appear that a prior order, that remains in full force and effect, provided specific date visitation for the mother.  That visitation apparently was not exercised and is not presently being exercised.  By captioning the motion as one to "enforce", the attorney may be looking to compel you to honor the prior order and allow the previously ordered visitation. Since you only reviewed the docket, it would be advisable for you to go to the court house and obtain a copy.  You may also have received a copy in the mail with a notice for a specific court date.  In any event, you should seek out counsel to position you to best respond.  For example, it may be that the order should be modified due to passage of time, her subsequent (in)actions, or something involving the child.  This may be critical, as based upon your email, you have issues with the only court order in place.  With that order granting visitation, a modification of that order may be something you wish to pursue. If you do not wish to return to your prior attorney, most counties have a referral program run through the county bar association.  This will afford you names of experienced attorneys.  You can then review their profiles via internet home pages and set an appointment with an attorney to truly detail your situation and develop a strategy to help you to meet your concerns.... Read More

The answer to your question is rather complicated.  There are a number of issues that need to be addressed.  No specific legal advise can be given as this site provides only an overview with general responses to legal questions. It would appear that the critical point is one of dependency and residency versus emancipation.  In Illinois, children can petition the court to be deemed emancipated.  You could also assert that, being 18, you are "of age" and, as such, "emancipated."  Were this correct, then a conclusion could be drawn that as an emancipated individual, you are free to live where you wish. However, your school has residency requirements.  No actions should be taken before addressing what effect, if any, your moving will have on your ability to complete school.  All districts have a policy on this issue and the administration center should be able to inform you of the policy.  Additionally, as a dependent, there may be health care coverage that exists as you reside in the home.  This may be lost upon your leaving.  There may also be an impact on your automobile insurance as the coverage may be bundled with other insurance, such as multiple vehicles and homeowners.  All of this goes with the practical question of where you will live and how you will provide for yourself.  Another issue that may come into play is whether your parents are divorced.  If so, the divorce decree may have an impact on your situation.  To further review all of these issues and, since Illinois law has provisions dealing with non-emancipated children over 18, a call to an attorney to review your personal situation and facts would be urged.... Read More

You question does not provide sufficient information to truly address the matter. The best answer is that individuals have the right to petition the court.  It may be for rehearing or reconsideration.  It may be that, although there is no legal basis for such a motion, the clerk accepted the pleadings.  It is then up to the Judge to decide what remedy, if any, is to be awarded.  This can also include sanctions for improperly filed pleadings of those filed without any legal merit.  Hopefully, you will (or did) appear in court and the matter was (or will be) resolved. A general rule is to not ignore pleadings and appear in court.  If there is any concern on the consequences of any such appearance, a consultation with an attorney is highly recommended.   ... Read More

It may be that this situation has resolved itself.  If there is abuse and DCFS has been notified, there may very well be juvenile court actions.  Such proceedings are to be initiated quickly where the abuse is documented.  That process is complicated and one for which you should secure legal counsel.  If abuse was "found" or even 'indicated", this process may be well underway at this point in time. If there is no finding of "indicated" abuse, you would need to take your argument and evidence to the Courts.  There may also be physical evidence, but, again, were such evidence, one would think removal would have occurred through DCFS via a finding of abuse. There are additional legal questions, such as how she became custodian - agreement, default or contested trial.  All of which have bearing on the burdens of proof and timing for any petition for custody you may wish to bring.  The best suggestion is to gather all of your information and documentation and make an appointment with an experienced attorney that handles custody and, if possible, DCFS cases.  This will insure that you secure the best possible advise. Should you believe the children continue to be in danger, individuals have taken children to the police, to hospitals, and to abuse centers.  Such actions, however, should not be undertaken without fully evaluating the situation.  This is especially true where you indicate a DCFS involvement.  A consultation with an attorney is urged to insure the best possible actions are taken to protect both yourself and the children.... Read More