Skip to main content
Jerry A. Tuffentsamer

Jerry Tuffentsamer’s Answers

276 total

  • My 14 yr old daughter, which I have sole custody of, wants to move with her father out of state. Is there any way I can stop it?

    About 8 yrs ago I moved out of state and my ex subpoenaed me back and made it to where I cant leave the state til she is 18. A few yrs ago he moved to IN and I recently found out he has been trying to talk our daughter into moving. She hasn't want...

    Jerry’s Answer

    Unless your Ex files a Petition to Modify Custody, Visitation, and to Remove the Child from the State of Illinois and is successful in obtaining court orders for the same (which would not be an easy or inexpensive task), you have complete control over where your daughter resides. Do not give in to the threats of you ex. Simply wait until he Petitions the Court and then obtain an attorney to handle your defense.

    Finally, as others have said, you could also be successful in petitioning the court to allow you to move out of state now since your Ex also resides in another state. However, if you file such a petition now, you may cause your Ex to counter petition for custody and removal as well. Thus, you may simply wait and see if you ex takes any action over this matter and actually retains an attorney to correctly petition the court for custody and removal. Its going to take some action, effort, and money on his part to even begin the process.

    See question 
  • How long am I going to lose my license?

    I'm 17 & recently got three tickets. I got a speeding ticket for 45 in 30, & no insurance on demand. Then about two weeks later in a different county, I was with some friends and wasn't driving my vehicle but still was charged with illegal transp...

    Jerry’s Answer

    As a person subject to the Illinois Graduated Licensing Program you should retain an attorney to make sure that what you have been charged with has the least impact on your license as possible. Many attorneys are very reasonable for traffic matters. Although your citations are serious, an attorney would be able to resolve your fears and worries.

    See question 
  • What is the chance a non-custodial parent who moved out of state can get sole custody from the custodial parent.

    I have been divorced for 5 years. I have sole custody of our 13 yr old son, and my ex has every other weekend. 5 mo ago the non-custodial parent moved out of state does not exercise his every other weekend visitations. He now wants sole custody st...

    Jerry’s Answer

    According to 750 ILCS 5/602, Courts determine custody in accordance with the "best interest of the child." In determining the "best interests of the child," the court shall consider all relevant factors including:
    (1) the wishes of the child's parents;
    (2) the wishes of the child as to his custodian;
    (3) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest;
    (4) the child's adjustment to his home, school and community;
    (5) the mental and physical health of all individuals involved;
    (6) the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person;
    (7) the occurrence of ongoing or repeated abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person;
    (8) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
    (9) whether one of the parents is a sex offender; and
    (10) the terms of a parent's military family-care plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed.

    Thus, in your situation, if the child really does desire to go live with his father it would be a major factor in determining the best interests of the child. However, it is not the only factor, and courts do not always simply let the child chose wherever they want to go. After all they are children and do not always make the best choices. The courts must also examine all the other factors as well. Therefore, the court will examine everything to determine if the child is truly making a choice that is in the child's best interests.

    Additionally, although the child may want to agree to go living with the other side at first (a lot of times because they do not want to upset the other parent or are being bribed or coached), when everything is fully explained to the child, the child will many times change his/her mind about wanting to leave with the other parent. In the end, you must do what you think is right for your child, including fighting for his/her bests interests.

    See question 
  • Can my ex-husband prohibit me from taking our kids to church?

    My ex-husband is an atheist. During our marriage, neither one of us attended church. After divorcing, I began attending a Lutheran church and being baptized. I took my kids to Easter service at my church. Just today I got the wrath from their fat...

    Jerry’s Answer

    No judge around here is going to prohibit you from taking a child to church. Let him take you back to court, hes only going to be wasted his time and money.

    See question 
  • What are my rights as a tenant?

    I've lived in my apartment for 4 years now. The first year I was on a lease and the last 3 I have not been. This is largely due to the incompetence of the owner of the building.. to put it bluntly, he is a slum Lord. How he gets away with running ...

    Jerry’s Answer

    Once your lease expired your tenancy became month to month. As a month to month tenant you or your landlord can terminate your tenancy by giving one month notice of such decision. Thus, your landlord can terminate your tenancy at his will by giving you one month's notice.
    However, just because he terminates your tenancy does not mean he has the right to simply "kick you out." If you do not voluntarily leave, the landlord must file a complaint for forcible entry and detainer in order to actually get an enforceable court order granting him the right to take possession. If it goes to court though, you may have to pay additional court cost plus any rent for the time that you are stil there.

    With all that being said, I think you have the decision to make whether to stay and agree to the landlord's new terms or find a new place. Maybe you can negotiate with the landlord for the new rent price if you sign a new lease or maybe you can negotiate an acceptable time when you will be moved out by.

    See question 
  • Qualified divorce lawyer with experience in assets, financial, and Illinois marriage law

    my husband has sold property without my knowledge, he has removed money from my business account , it is not a joint business acct, he has opened a bank acct using my name. Can he do this? do I have any recourse? all children are grown and we ...

    Jerry’s Answer

    I would suggest calling the bank to see whether your husband was a signatory or had authorization on your account. If he did not have authorization, the bank might be liable for any improper or unauthorized withdraw. As per opening the account, if your name is on the account, simply close the account.

    The law of marital property law is relatively straightforward in Illinois. Although there are a few exceptions (such as property acquired through non-marital property like an inheritance or the sale of non-marital property), all property acquired during the marriage is marital property regardless of how it is titled. For instance, if your husband purchased a car during the marriage and only titled the vehicle in his name, the car would still be marital property, and you would be entitled to your equitable portion of the value of the vehicle. The same could be said about a house, checking account, or any other property acquired during the marriage with funds earned or acquired during the marriage. If he still has the money he took, you would be awarded your equitable share of such funds upon divorce.

    Additionally, if he has removed the funds and spent the money on non-marital purposes, you can also make a claim of dissipation. Under a claim of dissipation, your husband would be liable to repay you your equable share of any such funds or property that were dissipated. Moving money around does not prevent a divorce attorney from finding the funds, as we can make him produce all of his records or even subpoena records. Moreover, you have the proof of what he took from your records as well.
    In the end, tracing what he has taken is not extremely difficult.

    I would recommend that you consult with a divorce attorney as soon as possible in order to stop your husband from doing anything further.

    See question 
  • I need to find out if I need a family attorney to take my ex-husband back to court for custody of my children.

    My ex-husband and I had agreement that I would have 100% custody of our children and he would only see them when he was in the state or had time. He left the children and didn't see them at all from December 15, 2012 till April 20, 2014. He asked ...

    Jerry’s Answer

    As everyone has said, you need to consult with a family law/custody attorney as soon as possible. I would never recommend trying to handle a custody and visitation issue without an attorney. After all, its your children at stake.

    See question 
  • My lawyer is not returning my phone calls or making any progress on my divorce, what should I do?

    I am currently going through a divorce (it will be a year in June since I had filed). I feel like my attorney is constantly dragging his feet. In December, I had not heard from him for almost 3 months, so I set an appointment and he apologized p...

    Jerry’s Answer

    It's unfortunate what your experiencing. You should always feel like you have a good relationship with your attorney. Sometimes things come up and sometimes the other side can be the reason for delays as well. That being said, you and your attorney should have an open enough relationship to where you know the reason for delays. Divorce like any litigation can take time, but if you are unhappy with your current situation, you can always hire a new attorney.

    See question 
  • Do I need a judge's permission to move with my kids to a different state?

    I'm a re-married working mom with 4 kids. I'm unhappy with my current job and have found a more satisfying one in a nearby state. I have already accepted the job offer, found a new school for the kids, and put an offer on a house. I didn't tell...

    Jerry’s Answer

    Yes. You need permission from the Court where your custody and visitation case were to remove the children from the State of Illinois, otherwise your ex-husband could file a petition to have you return the children to Illinois. If your husband agrees (and I would strongly suggest working with him on reasonable visitation and transportation as removal cases can be very expensive to litigate), then you may simply be able to do an Agreed Order allowing for removal and modifying visitation to reflect what visitation will be once you move. I would also very, very, strongly suggest that you seek the aid of an experienced family law attorney to assist you in these matters. I have seen these matters turn quickly if your not experienced in handling them.

    See question