Legal Question in Family Law in Illinois

if my ex wife is not following the joint parenting agreement and plan to move to another town (same state but more far away for me) I have a waiver at the end of the agreement where says I can petition to the court the living custody of the kids before the 2 years of the divorce, now we are a month and a few days away of the 2 years,I know I can file but how I can stop her from removing the kids before I can hire and attorney(I don`t want to use the same lawyer) what kind of motion I have to present to the court without a lawyer help(for the moment) note I have enough evidences to turn over the custody even her own mother is on my side because she neglect the kids a lot (she drink alcohol a lot but no DUI yet) in a few word she is willing to help me get the kids.

Now I don`t have a lot of money to pay a retainer but I am willing to do a payment plan if somebody wants this case I live in Chicago ill, she lives in Morton Grove ill the case we`ll be at SKOKIE court house and she moves to Elk grove Village if somebody wants the case leave a phone number thank you !


Asked on 7/25/11, 6:33 pm

1 Answer from Attorneys
David Gotzh Law Office of David Gotzh

No attorney will take a case sight unseen, ethics aside we need to know if it's something we can even handle - some cases are more complex than others. That aside, you can draft a petition and motion it up - however I urge you to review 750 ILCS 5/610 to see if the facts of your case even warrant a modification.

Custody cases are expensive, if our fees don't wipe you out, the GAL/Child Rep, 604b, etc. will. Yes, you have to undergo the same process all over again, and it will drag for years. It will bankrupt you, even if you were to find a pro bono attorney (And this case probably isn't a candidate due to the immense workload and complexity) the 3rd party fees will be devastating.

Is it worth wiping yourself out financially? Only you can answer that question.

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Answered on 7/25/11, 7:13 pm


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