Legal Question in Family Law in Illinois

Divorce & lawsuit

My husband who has not seem his disabled child in 2 years and he is 3 yrs old. We are having a custody battle in court now and was ordered mediation. He never showed up. But now he told me he wanted me to speak to a lawyer about a malpractice lawsuit for our son so he don't have to pay child support or these bills which exceed over $255,000. I was contacted by the hospital and was told my son records was requested by this attorney. His father has never done anything for this child ot ever taken him to the hospital how can they issue his records. I was phoned by his attorney who told me the reason for they are considering a lawsuit is to take care of the hospital bills. What do i need to do. How can he bring up a lawsuit when he is not involved ion this baby life and didn't even show up for mediation. Can he still be granted joint custody even tho this is about money with him.


Asked on 5/08/09, 12:47 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Re: Divorce & lawsuit

As the child's father, your husband has every right to request and review the child's medical and or school records. If your child's disability is due to medical neglect then you should want to know that and possibly together pursue a malpractice claim so that your child can be properly provided for. You should also have an attorney representing you in this divorce/custody matter. If you know have one now you should get one. Your questions show too much fee of the unknown for you to be swimming in these shark-infested waters without help. Good Luck!

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Answered on 5/08/09, 1:16 pm


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