Kathryn L. Harry's Answers

What am I suppose to do once I got a parentage summons?

First, and foremost, you should retain a lawyer to assist you. The alleged father of your children does not have to sign a birth certificate. Rather, he may have a judge determine that he is the father of the child based upon DNA results. The upside is that you may receive child support from him as a result of him being declared the father. On the other hand, the alleged father may want parenting rights that he has not pursued before now. The Office of the State's Attorney will not and can...

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Do I need an attorney?

In Illinois retail theft or shoplifting, as you have referred to it, may be charged as a violation of a state law or a village ordinance. If you are charged under state law, you may be charged with a misdemeanor or a felony. If you are charged under a village ordinance, the fines and penalties may be equal to a simple petty traffic ticket or may follow the state law penalties. Regardless, you should be represented by an experienced criminal defense lawyer. As you noted in your question,...

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Is it possible to get the Protection Order against me lifted?

In Illinois, a previously entered order of protection may be vacated under certain circumstances and if filed timely. Depending on what type of order of protection you have (ie: emergency, temporary or plenary order), you may have the option of having a full hearing on the matter, in which case evidence that the complaining witnesses is contacting you could be used to show that he/she is really not afraid of you and therefore, an order of protection is improper. Another factor that is...

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Does the father of my child have any rights if we were never married?

In Illinois, for unmarried parents, father's rights are established the entry of Judgment in a paternity case that declares the male to be the father of the child. This can be done by agreement or by DNA testing. The fact that he signed or did not sign the birth certificate is only one piece of evidence a court will consider in the event the paternity of the child is questioned. It is not conclusive evidence one way or the other. Once a Judgment for Paternity has been entered by the court,...

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Divorce claims after separation

In an Illinois divorce or separation case, assets are defined as either marital or non-marital property. There are general rules regarding what is defined as marital property. However, as one might expect, there are a lot of exceptions to those general rules. For example, generally speaking, property received by a spouse during the marriage is considered marital property, except for situations whereby the property was gifted to the spouse or inherited by the spouse. Of course, the way the...

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Was arrested for driving without a license. Pleaded guilty,Can I take that off my record? will this affect in applying for jobs?

The answer to your question is dependent on what you were charged with exactly and what you received as a sentence. Typically, petty traffic offenses are not expungeable or sealable. However, if you were charged with a more serious offense, for example a Class B or Class A Misdemeanor, your arrest may qualify for expungement or sealing. The first thing you should do is retain an attorney to investigate the matter further and obtain a certified copy of the case disposition.

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Under IL divorce law does hudband keep engagement ring after divorce IL community separate property law

An engagement ring is a gift to the wife. Illinois is not a community property state. Rather, the court will characterize the property owned by the parties as marital property or non-marital property. A gift is the non-marital property of the person who receives it.

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Is a notarized letter of permission acceptable to move my child to FL from IL?

In Illinois, a custodial parent needs the permission of the court or the other parent to move the child permanently from the state of Illinois. You may enter into an Agreed Order, however, it must be signed by a Judge before you may remove the child. Such an Order should also incorporate a visitation schedule that may be accomplished while living apart long distance. You should retain an experienced attorney who can assist you in amicably resolving this with the father of your child. In my...

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Sealing or expunging felony criminal record in IL

If you pled guilty or were found guilty, you are NOT eligible for expungement because these are felonies. If the charges were dismissed, and you have not been convicted of another crime before or after this one, you may be eligible for expungement of your arrest record.

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Bank theft

In Illinois, you may be contacted by an investigator about theft before being arrested. If you are contacted, you should give serious thought to retaining an attorney BEFORE talking to anyone. Our lawyers represent people in Illinois who are investigated before they are charged for crimes such as theft, deceptive practices, fraud, forgery and the like, on a regular basis. Furthermore, it is not in your best interest to talk about the potential theft online. Contact an attorney privately.

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