Legal Question in Family Law in Illinois

Accident settelment

I have full custody of my child, and without my consent, my childs father took action to get a lawyer for the case. I have already decided not to pursue a lawyer, and he said that he has the right to do this and there is nothing I can do about this. Is this right?


Asked on 11/13/08, 10:14 pm

2 Answers from Attorneys

John Steele Steele Law Firm

Re: Accident settelment

Of course someone can get an attorney, I am not sure what the questions is. If he is getting an attorney in an attempt to change the current

situation where you have full custody, you also need to get a lawyer to fight that.

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Answered on 11/14/08, 10:13 am
Motty Stone Law Offices of Motty Stone

Re: Accident settelment

I believe you are saying that your husband hired an attorney to sue for damages related to an accident your son was in.

When you say full custody, do you mean that you have "legal custody" or "physical custody." Physical custody means the child lives with you all the time. Legal custody means your husband has no input on decision such as where your children go to school.

If your husband has no legal custody, then he cannot do much since he will not be authorized to file suit on your son's behalf. If your husband does have legal custody then you may have a fight on your hands. You should speak to an attorney, possibly whoever handled your divorce, to figure out how to proceed.

Please feel free to give us a call if you want to discuss this issue further.

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Answered on 11/14/08, 12:01 pm


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