James Gregory Las Cola's Answers

James Gregory Las Cola
Chicago Elder Law Attorney.
Contributor Level 7

2

Attorney answers:

  1. Pamela Sarah Boshears
  2. James Gregory Las Cola

I would like to change my sons last name without his fathers consent is this possible?

Asked by a user in Chicago, IL - 6 months ago.

It is not clear from your question if you have already asked your son's father if he objects to your desire to change your son's last name. I would recommend you first contact the father and ask him if it is OK with him… Now as for the question you have not asked, there are many options available for you to serve your son's father in order to obtain the personal jurisdiction necessary to obtain child support for your son. I recommend you contact and hire an Illinois attorney to assist you,...

1 lawyer agreed with this answer

1

Attorney answers:

  1. James Gregory Las Cola

Outta state adoption

Asked by a user in Chicago, IL - over 2 years ago.

Yes. You need to find an attorney located in Chicago who is also licensed in Wisconsin.

1 person marked this answer as helpful

3

Attorney answers:

  1. Alan James Brinkmeier
  2. Maria Noelle Berger
  3. James Gregory Las Cola

Do I need to file for guardianship if I am the parent of an adult down's syndrome child?

Asked by a user in Elmhurst, IL - over 1 year ago.

Additional information regarding your daughter's capacity is necessary answer your question. Guardianship is a circuit court action necessary for the appointment of an individual to act as the decision maker for an adult who lacks the legal capacity to make their own decisions regarding their health care and/or financial affairs. In Illinois, the case should be brought in the county where the disabled adult currently resides. The legal capacity of an individual is medically determined. If...

3

Attorney answers:

  1. Alan James Brinkmeier
  2. Maria Noelle Berger
  3. James Gregory Las Cola

Should I hire a lawyer to officially have my husband adopt my son from a previous relationship?

Asked by a user in Northbrook, IL - over 1 year ago.

In my opinion, the main issue will be the current legal status of the biological father's parental rights, and his willingness to surrender his rights if there has not been a prior adjudication. If he will agree to the adoption, the process can be quite straightforward. Since you indicate he has never met his son, he may have no problem relinquishing his parental rights and responsibilities. Have you ever approached him regarding this prospect? If so, what was the outcome? In my opinion,...

1

Attorney answers:

  1. James Gregory Las Cola

Can my landlord evict me for a sublet?

Asked by a user in Chicago, IL - over 2 years ago.

The landlord and your roommate have a written agreement. The lease will control the terms of the tenancy, as long as those terms are not in contravention of applicable law or so restrictive as to violate public policy. If your roommate has not complied with the terms of the agreement, then the lease should provide for the consequences potentially available for his violation of the agreement. You have not stated how many people are living at your place but you did indicate you have more than...

1

Attorney answers:

  1. James Gregory Las Cola

I am 99% sure that I will be laid-off tomorrow. Should I sign the severance papers or do I have the right to think about it?

Asked by a user in Chicago, IL - over 2 years ago.

Generally, you should definitely be able to ask for some time to reveiw the severance offer. If you have a written contract witht he employer, then you should consult the contract to see what it says about this issue.

1

Attorney answers:

  1. James Gregory Las Cola

If a one parent signs over custody of a child , do you need the other parent to sign over custody in order to gain guardianship?

Asked by a user in Chicago, IL - almost 3 years ago.

In order to properly address your question I would need more information. Was your brother maried to the child's mother? If not, has he established parentage? If the answer to either of these questions is yes, then have his parental rights been terminated by a court? If not, does he desire to have custody of his child? If so, is he eligible to be a custodial parent? If so, he should seek counsel from an attorney well versed in this area of the law.

1

Attorney answers:

  1. James Gregory Las Cola

How will a new mortgage work under a guardianship of the estate?

Asked by a user in Chicago, IL - almost 3 years ago.

I assume by your question that you are the guardian of the estate of one or both of your parents and that you do not have an attorney representing you in the matter. Your question is somewhat complex and I am somewhat confused by your stating your parents are in control of their money. Is there a limited guardianship in place or is there a plenary guardianship of the estate? You will need to start by obtaining information from a banker. I would recommend you ask your parent's current...

1

Attorney answers:

  1. James Gregory Las Cola

What do i do if my grandma has guardianship of me, now my moms doing anything she can to get me out of here an i dont want that?

Asked by a user in Antioch, IL - over 2 years ago.

You should ask the Judge in your matter to appoint an attorney represent you to work for you to present your position on the matter.