Legal Question in Family Law in Illinois

Jurisdiction / Child Support and Visitation Questions

My ex husband lives in Colorado and I live in Illinois with our child. The case is in Colorado; but we have lived in IL for 3 years. He has not paid child support reliably, if at all. Due to this circumstance, I cannot afford to fly to CO or pay a lawyer. He has violated the court order and parenting plans in place. What do I have to do to file pro se or receive legal guidance in IL? Also, my child stated to their daycare provider, teacher and to me that they do not want to visit their father for a while - what are rights and options. Is the childs age a factor? I have residential custody, he has visitation.


Asked on 10/16/08, 12:42 am

1 Answer from Attorneys
Motty Stone Law Offices of Motty Stone

Re: Jurisdiction / Child Support and Visitation Questions

Depending on the age, the Courts will give deference to a child's wishes (the older the child, the more deference). It is very hard to totally stop visitation without a history of some kind of abuse.

If the case is currently in Colorado, then you will have to stay in Colorado or petition to get the case transferred (not sure what Colorado requires to do this). Illinois may not be able to take the case though if the father is based in Colorado and does not consent to jurisdiction.

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Answered on 10/16/08, 11:11 am


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