Can home state be changed, challenged?
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mariann...@gmail.com
Feb 21, 2007, 10:49:31 AM2/21/07
to Illinois Family and Divorce Law
My daughters' father filed for custody days before kicking us out of
our house in Chicago, IL.
(We are not married)
I had no place to go so returned to MD to live with family and have
brought our daughter
to visit him frequently and she calls him weekly.
She has been going to school out here for almost 2 yrs.
He has done nothing but postponing at every court date.
Is there anything I can do to get IL to relinquish the case to MD?
Can he keep dragging us back to IL for very postponement every few
weeks?
How can I find a lawyer with specific "interstate" experience?
Thank you
Frazzled and Tired Mom
our house in Chicago, IL.
(We are not married)
I had no place to go so returned to MD to live with family and have
brought our daughter
to visit him frequently and she calls him weekly.
She has been going to school out here for almost 2 yrs.
He has done nothing but postponing at every court date.
Is there anything I can do to get IL to relinquish the case to MD?
Can he keep dragging us back to IL for very postponement every few
weeks?
How can I find a lawyer with specific "interstate" experience?
Thank you
Frazzled and Tired Mom
Raif Palmer
Feb 21, 2007, 3:37:54 PM2/21/07
to Illinois Family and Divorce Law
Based on the facts you report it sounds like you will ultimately be
sucessful. You had very good reasons to move for the benefit of the
child (and that is the determining factor in removal cases).
Unfortunately I don't think you can move the case at this point to MD,
although you should talk to a local family lawyer in MD to see what
they think. The best thing your local lawyer can do here is get a
trial date and accelerate this case. Without a trial date nothing is
going to get finished. I assume the DNA test is done and there is no
issue with that. Now your lawyer needs to check into child support
issues, etc. and press this kind of stuff. Seek written discovery
answers from the father, get tax returns, etc. This will move the
case along and get it into a position to be resolved. Hope this
helps. By the way, you don't need to personally attend the hearings
unless the Court orders it, and if your lawyer thinks you need to
appear (like when you might have to testify)...
sucessful. You had very good reasons to move for the benefit of the
child (and that is the determining factor in removal cases).
Unfortunately I don't think you can move the case at this point to MD,
although you should talk to a local family lawyer in MD to see what
they think. The best thing your local lawyer can do here is get a
trial date and accelerate this case. Without a trial date nothing is
going to get finished. I assume the DNA test is done and there is no
issue with that. Now your lawyer needs to check into child support
issues, etc. and press this kind of stuff. Seek written discovery
answers from the father, get tax returns, etc. This will move the
case along and get it into a position to be resolved. Hope this
helps. By the way, you don't need to personally attend the hearings
unless the Court orders it, and if your lawyer thinks you need to
appear (like when you might have to testify)...
As for a lawyer with specific interstate experience, I don't have much
experience in moving cases from one state to another. I know you can
"enroll" a judgment in an Illinois case in another state and have it
enforced there. You can always search www.lawyers.com or www.findlaw.com
for attorneys in your area. They are probably the best search engines
for lawyers nationwide.
Sincerely,
Raiford Palmer
On Feb 21, 9:49 am, "mariannegor...@gmail.com"
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