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Peggy M. Raddatz
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Peggy Raddatz’s Answers

7,682 total


  • Do I have any legal rights regarding the child my wife conceived out of adultery?

    My wife had an affair and got pregnant. I have supported her and her child as my own for 2 years. My wife wants to move out of state with the child. Do I have any legal course of action?

    Peggy’s Answer

    In Illinois children conceived and/or born during a marriage are legally considered children of the marriage. Even if you are not the biological child the child is legally your child. You should and can object to your wife leaving the state without you. She can leave but the baby has to stay in Illinois unless and until there is a court itder stating so. If there is no divorce case pending you need to file and ask for a Temporary Restraining Order.

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  • Is a divorced spouse entitled to anything after her former husband is deceased?

    We were married for 14 years before the divorce and I never received anything that was ordered in my divorce decree.

    Peggy’s Answer

    Possibly. You might be able to enforce the provisions of the divorce regarding money and/or property against the estate. It May not be easy to do so. Go talk to a lawyer who preferably practices in family and estate law

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  • In a emergency order of protection against me with no 3rd party contact

    And she communicates with my parents is that a violation of the order

    Peggy’s Answer

    Not if the OP is against you. Then the one protected can communicate with your parents. She is not violating the OP.

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  • What are grounds for adjusting custody or visitation?

    My ex has started cussing in front of and at our child, including using defamatory language about me. He has not paid child support in almost a year nor has he helped with any of the camps our child has attended this summer (which our divorce agre...

    Peggy’s Answer

    Child support and visitation are two separate issues. The fact that he is not paying is not a basis to change custody either. File a Rule to Show Cause Against him and ask that he be found in contempt of court. As to bad language well you do not say how old the child is? You need to file a motion asking that no bad language be used in front of the child and that he not use profanity and/ or disparage you in front of the child. Check your judgment because that is a standard provision. If it is already included in your parenting agreement then include the violation on the Rule to Show Cause as another count. Neither of these facts you present would be a basis to change custody nor can you file to do so if the custody order was entered less than two years ago unless your facts supported a finding of serious endangerment. As you see this gets complicated so consult and hire a family law lawyer to review your papers and set you on the proper legal course.

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  • How do I go about getting a restraining order and what do I need to provide in order to get one?

    I have received threatening text and phones calls from a person and I don't feel comfortable with them knowing where I live and what I drive when they are acting like this.

    Peggy’s Answer

    Go to the police ASAP and report this threatening g behavior. The police will be able to direct you to get a No Stalking Order or an Order of Protection.

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  • If the parents are alternating weeks through the summer and the week begins at 6pm on Friday and ends at 6pm on Sunday.

    Currently the parents are exercising custody on alternating weeks, and they shall continue to alternate custody each week until the first of August, when the child should start pre-school. This is the week of the fathers custody, and because of th...

    Peggy’s Answer

    If the order states August 1 the alternating weeks end then that is when it ends and yes she can pick up the child. It would be best if the two of you could work things out and not disagree about petty issues. The order was not drafted really well. Someone should have looked on a calendar because the child goes not REALLY start Preschool on August 1. If you are joint parents you need to communicate and work this out together.

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  • I was served a emergency order protection from my wife. Stuff that happened in the past. When I was an alcoholic.

    What are the chances of them extending it longer. We have 3 lil kids and I miss the very badly

    Peggy’s Answer

    There are zero facts here except that your stating the basis of the OP is old or based on remote facts. That should be a start for a defense for you but you better hire a lawyer to defend you in this matter. There is no way we could possibly evaluate this case in this online forum. That is not the purpose of this forum either. We answer simple legal questions but do not give opinions regarding cases.

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  • Can I move a custody hearing to the CORRECT county?

    Me and my EX both reside in Cook County ( although she is a bit closer to Du Page) but we both definitely live in Cook. She is trying to file in Du Page because it is more convenient for her. Can she do this? Can I petition to have the location mo...

    Peggy’s Answer

    Yes you can if she filed in DuPage because it should be filed where you both live.

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  • Can a parolee whom is a sex offender establish paternity and get visitation while on parole?

    father is not on the birth certificate. he was not in prison for a sex related crime or anything to do with his registry. child is 22 months old. father only met the child once even though he was not incarcerated for the first four months of his l...

    Peggy’s Answer

    Yes if he is the biological father he can establish paternity. What rights will he get will be dependent on what he asks for and what his criminal background is. If a sex offender he could still get supervised visits.

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  • Can the pre-majority child support obligation plus one-third college expenses be petitioned for as post secondary educ. support?

    My son is set to attend full time community college and will be living at home to save money compared to on-campus housing. Since his regular living expenses will not have changed since prior to turning 18, can I ask that the child support amount...

    Peggy’s Answer

    The court will not look at the girlfriend's in come unless they get married. You are not likely to receive the child support amount PLUS 1/3. It is ome likely he will have to pay more of a % of the overall cost and maybe even up 100%. Your contribution is the room and board for the child living with you. The child will also have to contribute by working and/or loans, scholarships, etc

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