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My childrens father lost his visitation and custody earlier this year. I go a summons to court saying that he wants his custody and visitation back with no reason. He just wants the judge to over turn his ruling. I responded to his petition with many reasons why the judge should not grant his request. I know that there is a statute that he is violating by not giving me reason for his request but I don't know what that statute is. I have asked him for written reason and copy of the so called "papers" he has proving that he should be granted his request, but he has not provided me with them. Court is on 8/31 and I want to be prepared to ask the judge to throw out his request based on him not providing me with what I requested based on the statute. What is that statute?
State/Country relating to Question: Illinois Already Tried: nothing we have court for a determination on 8/31/09
Dear mpulse - The "statute" you are likely referring to is the Rules of Discovery which require an answer within (usually) 28 days from the request. If the answer is not provided then you would have to file a motion to compel with the court. In any event, when you go to the hearing you can simply ask him for the "papers" and he will have to either produce them or he will have no basis to rely upon them. You are correct that there must be some reason to change custody and the court will want to hear those reasons. I don't know why he lost his custody earlier this year but it is very unlikely that the court will change the custody back to him after this short period of time due to the possible disruption in the life of the child. It sounds like his motion is bogus so all you will need to do is appear in court and present your case as to why it is in the best interests of your child to remain with you. Dave Kennett
Lawyer (JD)
25 years experience in general law, including real estate, criminal, traffic, and domestic relations