Legal Question in Family Law in Illinois
I have a bunch of questions. I am a Dad with 2 kids ages 7 & 8. I have already filed for divorce and have retained a lawyer. I am being told by my current lawyer that because I live in Illinois that I can pretty much assume that the mother will get custody of my kids. I want to get joint custody with myself being the custodial parent. The mother has caused us to lose our home because of financial reasons. She has now been forced to go back to work to help pay down some of this debt. The mother screams and yells at the kids all the time it is her primary form of communication. I have a list of things that she has done which I feel put my children in harms way or danger. Every time I bring these to the attention of my lawyer I am told that these are small issues and really don't create the grounds for which a judgement would be in my favor to gain guardianship of my children. I am told by my current lawyer, that for everything I have to prove that she is an unfit parent she will try to find reasons to show I am unfit. I am the parent who gets the kids off to school everyday of the week and also picks them up from school everyday. My current work schedule is Saturday night 12hrs, Sunday night 12hrs, & Monday night 12hrs. This is a full time position with full benefits which I pay for to have myself and children covered. This allows me to be available to be with my children as much as possible. Should I maybe look into a different lawyer? Is this because my lawyer does not want to fight for my rights?
Currently my divorce is filed in Will Co. Illinois, but since then I have relocated to DuPage Co. Illinois. Do I need to refile in DuPage Co. now?
My lawyer does not perform collaborative law. I am interested in pursuing this alternative. Again, is this maybe a reason to change lawyers?
1 Answer from Attorneys
You always have the right to terminate your current lawyer's representation of you and to hire a new lawyer, if you think that is the wise thing to do. However, it may not be so easy to transfer your case from one county to another. If no counter-petition has been filed you could dismiss the Will County case and file a new action in DuPage County, which would include a new filing fee and your wife would have to be served with the new action. You could still pursue collaborative legal options and keep your current counsel. Have you considered discussing these issues with your lawyer and letting him or her know of your concerns? You don't have to do this if you're not comfortable, but maybe it would save you time, money and headaches. Good luck with whatever you decide. If you end up filing in DuPage you should speak with counsel that is located there.
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