Hello, I am located in Illinois and have a court order granting me temporary majority custodialship of my children. Their mother was granted temporary visitation while staying in the area. During the last visit with their mother, she fled the sta...
It's probably not kidnapping -- you seem to know where she is and if that's true a kidnapping charge won't stick. Just enforce your order. Talk with your lawyer and he/she will go to court to get the right papers entered in the record. Those will be sent to law enforcement in CA and either she'll get the message and return with the kids or you'll make arrangements to get the kids.
It all starts with talking with your lawyer.See question
I have a child support agreement in place. We only have child support this are no allocation of parental responsibility in place neither physical/legal parental rights in place. My child's father and I were never married, still not together. I'd ...
I disagree with the other answers . . . a little. The smart path will be to hire a lawyer and do this thing the right way. Still if you want to just move without getting Dad's permission or a court order, you CAN do that. It's a bad idea, but it's do-able.
The statute in question applies to "A parent who has been allocated a majority of parenting time or either parent who has been allocated equal parenting time may seek to relocate with a child." There is no Allocation Judgment in your case . . . so the law doesn't apply to you.
You can pack up and move anywhere you want -- across town, across the state, across the country, or the world, for that matter -- and there's nothing Dad can do to stop you. You won't go to jail, you won't be fined, you won't get in any kind of trouble.
Here's the problem: Dad could, at any time within six months of your move, go to an Illinois court and say he wants the child to be back in Illinois. He'd win that request. Then you would be in a real jam: you'd have given up your Chicago residence, quit your job, and moved all your stuff to a new state. You'd have to find a way to afford to move back to Illinois. That would mean quitting your new job, abandoning your new residence and losing your security deposit, closing bank accounts, shutting off utilities, etc., etc. What a hassle.
If you think Dad won't complain about your move for six months, you can go; but you'll be on thin ice for those six months.See question
IL over 50,000 and back support if I get bankruptcy protection and pay back that way will I be able to get my license reinstated to go to work to pay it?
I don't really follow your question but here's the deal:
You cannot discharge child support arrearages in bankrupcty.
You CAN get a permit to drive to and from work to allow you to still work to earn income to pay the past-due support.
You can cut a deal with the AG's office to allow you to drive and to retain your passport (if that's a worry_. Usually the unit that does this stuff at the AG's office requires a substantial down-stroke and a payment plan that will aggressively pay off the balance. They do it often, however.
You should spend a little money on hiring an attorney to help get this worked out.See question
If a divorce agreement from 2015 or earlier only stipulated that the parent with child custody cannot move outside the state of Illinois, otherwise no restrictions, does the new 2016 law covering this still apply? i.e. max 25 mile move within the...
Yes, the new law applies to your case.See question
Emergency order of protection was filed against me with false information provided in order to obtain a venue in the petitioners county stating I live in the petitioners county incident happened in petitioners County and that I have a History of V...
You need not worry about dismissing the Emergency Order of Protection -- that's your lawyer's job. Just share this information with your lawyer and he/she will take care of the paperwork and court appearances. If your lawyer refuses, hire a new lawyer. I think , however, your lawyer won't be able to dismiss the EOP. You've not shared facts that would allow it. You might, possibly, be able to change venue, but that is doubtful, at best. Call your lawyer right away.See question
Can I marry my boyfriend while hes n the country jail
Yes, you may, as long as you can work things out with the Sheriff.See question
My fiance's ex wife is attempting to move in with a registered sex offender and we are concerned for the safety of my fiance's son.
The heading of your question doesn't jibe with the body but I think I get it. If Mom wants to cohabit with a registered sex offender, that's fine . . . so long as she notifies dad of the situation and dad doesn't care. Illinois law says:
(750 ILCS 5/609.5)
Sec. 609.5. Notification of remarriage or residency with a sex offender. A parent who intends to marry or reside with a sex offender, and knows or should know that the person with whom he or she intends to marry or reside is a sex offender, shall provide reasonable notice to the other parent with whom he or she has a minor child prior to the marriage or the commencement of the residency.
Once Mom notifies Dad that she intends to move in with a sex offender, that fact constitutes "a substantial change in circumstances" that will allow Dad to go to court to change the court papers so the child will live with Dad. Visitation can be worked out so Mom might see the child, say, "on alternate Saturdays for four hours and the sex offender cannot be present and no overnight visits."
None of this stuff happens automatically. It's not the court's job to look out for the child. It's DAD's job to take action to keep the child safe.
Hire a lawyer.See question
My husband request discovery my financial for child support. What it means
Your lawyer will help you with this. Your lawyer should also be demanding financial discovery from your husband. If you don't have a lawyer, you need one.See question
My ex has never supported our three kids at all. We had a wedding that I paid for and thought was real however I found out there was no record of it after 9 years. I was advised by a lawyer to get a divorce anyway to protect the kids even though t...
What you want is a "Declaration of Invalidity of Marriage." That law is the appropriate path and it has all the teeth of the divorce law when it comes to protecting you and children. You can seek maintenance (alimony), property can be divided as though you actually were married, and support and "custody" can be set up for the kids.
You MAY be able to go back in time to get support. I assume if you were married you were living together and he was supporting you and the kids by doing things like paying the rent and utilities and such. No? If not, you may have an opening. The real question is why didn't you seek support six, seven, eight, or nine years ago when you needed financial support and he wasn't helping at all?
Talk with a lawyer -- there are ways to do what you're seeking to do but the facts of you case may or may not fit the law.
Start a case soon because you CAN go back in time as far back as the service of your court papers on your BF ("husband"). THe sooner you start, the better off your kids will be. THey deserve it.See question
We have been together 11 years almost and since we had our daughter he has cheated and lied and now I find out he's committing fraud. I do not want any part of what he's doing. I just want to get away from him. I have been her primary care gi...
You're in an abusive relationship and you need support.
Yes, you may leave. You should NOT leave the state. You SHOULD consult a lawyer. Many offer free consultations and they may be able to help you get into court and shift the burden of attorney's fees to your BF.
You should be able to leave Illinois, eventually, with a lawyer's help and a court order. You should receive child support (20% of his net income) PLUS health insurance for your child and a big portion (half, maybe more) of daycare and school expenses.
The rules are: you may leave him any time you want. You may leave Illinois without a court order but he may force you back by starting a case in Illinois. If you can get out of Illinois and into another state with the child for 6 months you'll be safe to stay in that state. That's the rule: you've got to be in that other state for 6 months without him complaining to the Illinois court and asking for you to bring the child back to Illinois. If you can do that for six months you'll be golden. And no trickery -- no saying "I just want to take the baby for a while to see Gram but we'll come back in July" and then not returning. That will likely torpedo your effort.
Grab your phone and make a few callsSee question