filling for full custody without a lawyer?

[wonkothesane]

What is the name of your state?

Illinois.

My ex and I were divorced in Illinois. We have joint custody of 3 children with no
court designated "custodial parent".

My 2 oldest kis life with my ex in Illinois (but are supposed to come here for the summer - *supposed to*) and my youngest is living here with me in Florida, as per agreement with her mother.

I want to sue for *full* custody (there are a bunch of reasons why, involving my deep concern for the children's welfare) but I don't have a lawyer. I may be able to afford one in a month or so but RIGHT NOW is a very opportune time to sure consideing the sitation my ex is in (facing eviction, legal troubles, inability to care for the kid, etc...) - a month later, things may be different. I *doubt* it, but they may be.

So I would like to start to ball rolling now, but I don't know how to do so without a lawyer. I have been to the courthouse, to see which papers I need for filling, and they just tell me "see your lawyer".

Is there any way in Illinois that I can file for full custody (after a divorce) without a lawyer? And if so, how? Can I find the necessary paperwork online?

And help of advice would be appreciated.

Thanks,
bryce
microgravitas@gmail.com
(please feel free to emal me there)

 

[seniorjudge]

What is the name of your state?

Illinois.

My ex and I were divorced in Illinois. We have joint custody of 3 children with no
court designated "custodial parent".

My 2 oldest kis life with my ex in Illinois (but are supposed to come here for the summer - *supposed to*) and my youngest is living here with me in Florida, as per agreement with her mother.

I want to sue for *full* custody (there are a bunch of reasons why, involving my deep concern for the children's welfare) but I don't have a lawyer. I may be able to afford one in a month or so but RIGHT NOW is a very opportune time to sure consideing the sitation my ex is in (facing eviction, legal troubles, inability to care for the kid, etc...) - a month later, things may be different. I *doubt* it, but they may be.

So I would like to start to ball rolling now, but I don't know how to do so without a lawyer. I have been to the courthouse, to see which papers I need for filling, and they just tell me "see your lawyer".

Is there any way in Illinois that I can file for full custody (after a divorce) without a lawyer? And if so, how? Can I find the necessary paperwork online?

And help of advice would be appreciated.

Thanks,
bryce
microgravitas@gmail.com
(please feel free to emal me there)

You would be foolish to try to do this without a lawyer:

http://www.illinoislegalaid.org/

 

[little_mama247]

New York
You can always ask for a court appointed lawyer, they go by your income and if you have low income you will get a lawyer for free. Just go see the petitions office at your court house and ask them about a court appointed lawyer.

 

[seniorjudge]

New York
You can always ask for a court appointed lawyer, they go by your income and if you have low income you will get a lawyer for free. Just go see the petitions office at your court house and ask them about a court appointed lawyer.

Please, could you tell me when Illinois started appointing lawyers for folks in civil cases?

Thank you.

 

[wonkothesane]

You would be foolish to try to do this without a lawyer:

http://www.illinoislegalaid.org/

I know. But if it makes anything better my ex would also be without a lawyer.

And I wouldn't consider it if the situation wasn't so bad.

My ex is being evicted for allowing her bf, a multiple convicted felon, along wih another person, a homeless person to live in her house - on Housing Authority property - despite warnings by the *police* they can't be there...my kids are underfed & dirty all the time, and *begging* to come live with me, the man she lives with is abusive and violent - but the cops & DCFS refuse to step in...(unless they catch him, I'm just the "jelious ex-husband", despite the fact my children are on police report confirming that he breaks and throws things and yells and punches holes in the walls.)

And if I don't act know, I will miss my window of opportunity, because once she moves in with her bf/finace/whatever even though I have legal custody I'll never be allowed to see my kids without a lawyer - which I can't afford.

Also, my ex and I agreed that my youngest daughter - staying with me now -
should return by June 1st (my ex signed a paper, I signed nothing) but if there is anyway I can *legally* keep her, I would like to try. It a vague area because the custody agreement is really lose in this area. It leaves decisions or residence pretty much up to us to "agree on".

I have a pretty good deal, and I normally wouldn't risk changing it, but things are getting worse for my kids every day. And my wife is very schitzo...constantly changing her mind. I could just wait, and things *might* get better. (For a while last month she was even going to just *give* me custody, but her bf talked her out of it.) Or I could not act, and things could get MUCH worse. It's a huge gamble, because I don't know what cards she is holding, and the hand she has is constatnly changing.

It sucks, because when the bf isn't around, she *isn't* like this. She's very easy to get along with.


HERE'S A QUESTION: If I catch her again in one of her "I'll just give you custody" moods (assuming she really means it and isn't just yanking my chain) is there any way we can work *that* out without a lawyer?

One more complication that might work against me - the ex has one kid with the bf and another on the way. I judge might see this a "splitting up a family".
But still, the situation the kids are in right now is *so* bad, I can't see a judge leaving my other 2 kids in it...

 

[LdiJ]

I know. But if it makes anything better my ex would also be without a lawyer.

And I wouldn't consider it if the situation wasn't so bad.

My ex is being evicted for allowing her bf, a multiple convicted felon, along wih another person, a homeless person to live in her house - on Housing Authority property - despite warnings by the *police* they can't be there...my kids are underfed & dirty all the time, and *begging* to come live with me, the man she lives with is abusive and violent - but the cops & DCFS refuse to step in...(unless they catch him, I'm just the "jelious ex-husband", despite the fact my children are on police report confirming that he breaks and throws things and yells and punches holes in the walls.)

And if I don't act know, I will miss my window of opportunity, because once she moves in with her bf/finace/whatever even though I have legal custody I'll never be allowed to see my kids without a lawyer - which I can't afford.

Also, my ex and I agreed that my youngest daughter - staying with me now -
should return by June 1st (my ex signed a paper, I signed nothing) but if there is anyway I can *legally* keep her, I would like to try. It a vague area because the custody agreement is really lose in this area. It leaves decisions or residence pretty much up to us to "agree on".

I have a pretty good deal, and I normally wouldn't risk changing it, but things are getting worse for my kids every day. And my wife is very schitzo...constantly changing her mind. I could just wait, and things *might* get better. (For a while last month she was even going to just *give* me custody, but her bf talked her out of it.) Or I could not act, and things could get MUCH worse. It's a huge gamble, because I don't know what cards she is holding, and the hand she has is constatnly changing.

It sucks, because when the bf isn't around, she *isn't* like this. She's very easy to get along with.


HERE'S A QUESTION: If I catch her again in one of her "I'll just give you custody" moods (assuming she really means it and isn't just yanking my chain) is there any way we can work *that* out without a lawyer?

One more complication that might work against me - the ex has one kid with the bf and another on the way. I judge might see this a "splitting up a family".
But still, the situation the kids are in right now is *so* bad, I can't see a judge leaving my other 2 kids in it...

As Seniorjudge said, you would be foolish to do this without an attorney. Its hard enough to fight an interstate custody battle...let alone fight one without an attorney.

Your "window of opportunity" is probably not as much of a window as you believe. Due process has to take place and that takes time...mom will have plenty of warning to get herself established in a home somewhere, even if its with family.

Keeping your younger child may be possible....but the fact that IL has jurisdiction and you are in another state makes that more problematic. Again, you need an attorney to advise you whether or not that is a sound thing to do.

 

[Jralexadrian]

50/50 custody

I'm the grandmother and my son has a 5 month old son and we don't see him as frequent since the time he was born we only saw him about 4 times since November ( he was born in oct. 2012). His ex and her parents agreed that we could see the baby every other week ( which never has) or when possible but now it turns out they don't want us to see him until we go to court. All this was because we asked if we could have the baby sleep over one night and they just got upset and just said we weren't allowed to see him until the judge decides. My son is 18 years old lives with me, goes to school but no job, but works side jobs on and off and his ex is 17 years old but goes to school and doesn't work but she lives with her parents too. My question is can my son fight 50% custody of his son?

 

[Proserpina]

I'm the grandmother and my son has a 5 month old son and we don't see him as frequent since the time he was born we only saw him about 4 times since November ( he was born in oct. 2012). His ex and her parents agreed that we could see the baby every other week ( which never has) or when possible but now it turns out they don't want us to see him until we go to court. All this was because we asked if we could have the baby sleep over one night and they just got upset and just said we weren't allowed to see him until the judge decides. My son is 18 years old lives with me, goes to school but no job, but works side jobs on and off and his ex is 17 years old but goes to school and doesn't work but she lives with her parents too. My question is can my son fight 50% custody of his son?

Could you start your own thread, please? Thank you

 

[ecmst12]

No, have your SON, the child's actual parent, start his own thread. YOU are not involved.