Legal Question in Family Law in Illinois

custody,child support

my 14 year old daughter came to live with me,her mother has legal custody but has written a letter to the court requesting that child support be stopped and that a joint custody order be entered. i prepared pettitions to modify both custody and support,went to court thinking that everything would be taken care of on that date but no the judge refused to do anything until some other pettition was filed within 21 days and stated that if this motion was not presented properly that he would not sign off on the modifications. what else needs to be included with the pettitions ?by the way the mother lives out of state and the judge said that she defaulted by not appearing the judge also stated that i should hire an attorney to file this paperwork i dont know whatthis paperwork is because by this point in the hearing i was pretty upset by the way this judge talks to people that all i wanted to do was leave before i said something i would regret!


Asked on 10/25/08, 11:17 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: custody,child support

There is no excuse for a judge being rude to anyone, but I believe that you did the best thing that you could under the circumstances by leaving the courtroom. There is an ever-growing number of people who are attempting to take their legal matters into their own hands these days. Everyone, at least in Missouri, has the right to represent himself or herself in a Court of law. Lawyers and the legal system itself can be expensive and difficult to deal with. Our society just does not have a good answer to this situation. I can tell you that I have handled hundreds of cases such as yours in many different courts. Although the state laws are the same for everyone in Missouri, the way they are interpreted differs from jurisdiction to jurisdiction. Also, there are local court rules that only apply in a specific judicial circuit. Sometimes, specific judges handle their cases in a particular manner that is not followed elsewhere. An attorney will either know or find out exactly what will be required by the statutes, rules of civil procedure, local rules, customs of the court, and case law, and then take the necessary steps to obtain the result you desire if the facts and the law allow it. The lawyer may be able to do this easier than you can do it yourself simply because the lawyer does this all day every day. That same lawyer might not be able to do what you do for a living, no matter what it is. Your case appears to be relatively straightforward and simple. I am confident that an attorney could help you if you would hire one to pick up the pieces and finish up what you have started. You may call me for a consultation if you choose.

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Answered on 10/26/08, 5:58 pm


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