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Tanya Witt
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Tanya Witt’s Answers

26 total

  • Do i have to be separated for a certain time if i find my wife cheating to file a divorce?

    Hi over the course of the last couple years my marriage has been rocky. We have not officially separated but i knew she was talking to other people. I understand a marriage breaks down because of both parties so i do not blame her for our issues. ...

    Tanya’s Answer

    You do not have to be separated for a certain amount of time in order to file for divorce in IL. Based upon the facts you have provided you may have a claim for alienation of affection. There are child custody and financial interests that need to be protected. I encourage you to consult with family law attorneys regarding your legal rights.

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  • Custodial parent has been MIA for the past 4 wks. Grandparents have been taking care of my child. Is this abandonment?

    Child states custodial parent is working out of town but does not answer phone or calls when child is visiting me. Custodial parent does have a history of mental illness and I think that has something to do with the disappearance. Grandparents a...

    Tanya’s Answer

    It likely depends upon your custody judgment. Keep notes and a calendar showing how long the other parent has been MIA and what evidence you have. Has your child had no contact with the other parent for 4 weeks including the holidays?

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  • What is the most i can do in a Child visitation case where dad has 1 felony for drug possession and 2 misdemeanors for violence?

    I have an upcoming court date for child visitation. The father has not been in the baby's life since birth and has not payed any child support. I left because he was mentally and physically abusive. I found out that he has been taking steroids and...

    Tanya’s Answer

    If a parent thinks the safety of her or his child is at risk she/he can request that a court order that the other parent have only supervised visitation with the child. If ordered, this means another person must be present when the parent is with the child. There are centers that provide this service for parents that cannot afford a private supervisor. Sometimes another family member may be the supervisor.

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  • Divorce

    In a abusive relationship. Have 2 kids. 2mnths and 2yrs old. I am not employed. Can anyone tell me if there is a way i can file for divorce. I cannot get my famuly involved for religious reasons. For my safety I would like to file WITHOUT my spous...

    Tanya’s Answer

    You can obtain an Order of Protection that gives you the exclusive right to reside in the home and bars your husband from coming to the home or within a certain distance of you and your children. He may also be banned from contacting you or from seeing the children without a supervisor present. Your husband can be required to pay you child support, maintenance ("alimony"), household expenses, and the expenses of the divorce if you are financially dependent upon him. You should not put your safety and the safety and well-being of the children at risk. Domestic violence is a dangerous situation, including for the children. Please consult an attorney who handles divorce, custody and domestic violence cases. If you cannot afford an attorney, there are legal aid centers that may be able to help you.

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  • My sister needs to have an injunction done by Monday for a custody case in chicago. Its not a dcfs or divorce case.

    Is there an lawer who can do this for me and how much will this cost.

    Tanya’s Answer

    The cost will likely depend upon the attorney's hourly rate and the complexity of the legal matter. To obtain an emergency injunction a party has to meet the legal requirements. Be prepared to demonstrate why under IL law it is an emergency that must be heard immediately. As Ms. Goldstein noted, you may search for attorneys by clicking Find a Lawyer at the top of the Avvo page.

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  • Chances of getting full custody of my child?

    I was a young father and had my child when I was 16. My sons mother moved in with me and mu family in my parents home. Wheb my son was about 7 months I found out she was cheating on me and after that we broke up. My son is now 7 and since the brea...

    Tanya’s Answer

    First, I am sorry you are in this situation but fathers do have legal rights. It is unclear from your question whether you and the mother were married. If not you may need to take further steps to establish your legal rights as the father. If the Judge thinks it is in your sons' best interest that you have sole custody you can obtain a court order for such. in Illinois the legal standard for deciding child custody is what is in the best interest of the child and courts look at a number of factors. You mention that you have seen your son on weekends. Be prepared to provide a plan for how you will care for your son during the school week. Courts usually look to see who is taking the child to and from school, doctors' appointments and other necessary events. It can help to have some proof of your parenting duties such as keeping a calendar and email or text messages. The mother's felony could hurt her custody case. Also, if she is seeking to cut you off from your son that could be considered parental alienation and could hurt her case for custody.

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  • How long do you suppose to be married to recieve some of your spouse pension benifits in illinois when considering divorce?

    if your spouse has been taking care of you for months & you never worked because of being disabled & the reporting being married to social security administration caused your disability check to stop can i be entitled to alimony?

    Tanya’s Answer

    A party may be entitled to alimony (referred to as "maintenance" in Illinois) if he or she is financially dependent upon his or her spouse. You mention that you never worked due to being disabled. A lack of work history coupled with a disability can be a very strong case for maintenance. You may also be entitled to other financial support during the divorce such as contribution to your attorney's fees and your household expenses. Judges generally want the status quo to be maintained during the case so if your spouse paid for your medical and auto insurance, he or she may likely be required to continuing providing those for you.
    Regarding your pension question, if the pension is a marital asset is it subject to equitable distribution in the divorce. You should consider retaining a divorce attorney to help you.

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  • Did my wife file for divorce in the right county?

    I like in Chicago with our two small children. She lives in St. Clair county (way SW). If we go through with the divorce out there and we fight over the kids, then it's quite a hike to get there. Can I get it moved to Cook county?

    Tanya’s Answer

    I agree with Ms. Goldstein and Ms. Sabin. Additionally, courts may feel it is best to have the case heard in Chicago since the children live here. That way, teachers, child psychologists and other witnesses or professionals will be more available to testify or meet with a child representative, if the Court appoints a child rep.

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  • I'm marry to a heroin addict, I have a 3 year old with her. I want full custody of my child and a restraining order against her.

    I have been marry to a heroin addict, meet her while she was clean, I don't do drugs, smoke or drink, I work two jobs and trying to get my bachelors degree, I need to get away from her, she is ruining me financially, physically and morally. I...

    Tanya’s Answer

    First, I am sorry to hear that you are in this situation. When one parent uses illegal drugs and the other parent does not, it is possible that the sober parent could be awarded sole custody of the parties' child. The legal standard for deciding custody in Illinois is what is in the best interest of the child. Illinois courts look at a number of factors in deciding what is in a child's best interest. Custody with a parent who is addicted to illegal drugs is generally not in a child's best interest. The second part of your question asks about obtaining a restraining order. A party may obtain an Order of Protection if his spouse is abusive towards him or the parties' child. Petitions and hearings for OPs are very fact-specific so the circumstances must justify the issuance of the Order of Protection and the relief sought (i.e. exclusive possession of the marital home, supervised visitation etc.) The more facts you have and the more prepared you and your attorney are for the hearing, the better. I encourage you to consult with an attorney who exclusively handles contested divorce and custody cases with experience obtaining Orders of Protection.

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  • Divorcing a bipolar narsisistic woman who attempted against her life last December

    Filed for divorce in January. Last December my wifh attempted against her life with an over dosage of sleeping pills and was Baker Acted by police. I am requesting full custody of my child, and my house. My wife is not even taking her medicati...

    Tanya’s Answer

    The issues you raise are complex and serious. If you are uncomfortable with our current attorney you may consult with other attorneys in your area. To obtain an accurate assessment of your case, you may need to schedule in-person consultations. Some attorneys may be more experienced and comfortable handling divorce cases that involve mental illness. The safety of your child is of utmost concern. Be sure to look into all of the legal options available.

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