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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a court date for custody custody on August 15th 2016

Customer Question

I have a court date for custody custody on August 15th 2016 if my ex does not show up what will the judge ask of me aNd what will be entered for her
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

If the ex does not show up, then the Court will normally order a default order/decree/judgment in your favor. The exception is if the Court feels that giving the children to you would not be in the best interest of the child (if so, then the court may on its own order - sua sponte - make a continuance, or do whatever the court feels is in the best interest of the child).

However, normally, a default judgment is ordered in the favor of the party that does show up. In other words, whatever you asked the Court of, the Judge would likely agree to.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
The case was filed in KAne County which is in Illinois, can she file a petition in in Tempe Arizona where she lives currently or would she have to file it here. Also Illinois has jurisdiction
Expert:  Ely replied 1 year ago.

No, if Illinois has jurisdiction under UCCJEA (see HERE), she has to file THERE.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
she would have to file in Illinois right.
Expert:  Ely replied 1 year ago.

Correct, since you told me yourself Illinois has jurisdiction. Please see the link in my last answer that discusses how jurisdiction is decided.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
If she defaults how would I write this new petition that would be in my son best interest?
Customer: replied 1 year ago.
Which is here with his father
Expert:  Ely replied 1 year ago.

Thank you for your reply. You are asking about a proposed order, which is a matter outside the original question's scope. All follow ups are meant to be within the original question's scope. I would kindly as that you rate this question positively and then open a NEW thread for the proposed order matter. Alternatively, I can opt out and open this up for other experts (let me know if so, no worries).

Customer: replied 1 year ago.
Ok where can I get info to write a proposed order?
Expert:  Ely replied 1 year ago.

Hmm,

If you are asking on this same thread, this is a follow up. You are asking about a proposed order, which is a matter outside the original question's scope. All follow ups are meant to be within the original question's scope. I would kindly as that you rate this question positively and then open a NEW thread for the proposed order matter. Alternatively, I can opt out and open this up for other experts.

Customer: replied 1 year ago.
K is there joint legal residential custody?
Expert:  Ely replied 1 year ago.

Depends on what you mean by that.

The courts generally do not like to split the custody 50/50 since this is hard on the child unless both parents agree to this. One parent usually becomes the custodian and the other parent becomes the "visiting" parent which is generally one day a week, every other weekend, and alternating holidays. The nuanced points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.

Even if a parent does not get managing custody, they are almost guaranteed visitation unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even visitation, although supervised visitation may be granted by the Court.

Of course, that is the standard order of possession. That order can be modified if both parties agree or if the Court finds that it is an extraordinary situation. If the other parent does not show up, this gives you the ability to basically ask for anything you want - within reason.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
She lives in Tempe Arizona and she has physical custody and I have visitations can I ask for joint legal residential custody or just legal custody?
Expert:  Ely replied 1 year ago.
I do not know what you mean by "joint legal residential" custody.
Customer: replied 1 year ago.
Or would I ask for legal physical custody. ( where my son stay with me) and have her get the visitation in the summer
Expert:  Ely replied 1 year ago.
I do not know what you mean by "joint legal residential" custody.
Customer: replied 1 year ago.
What is legal physical custody
Expert:  Ely replied 1 year ago.

I think I see what you are asking. See HERE for an explanation about this. That link explains everything quite well.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
How does supervised visitation work if we are in different states father in Illinois mother in Tempe Arizona?
Expert:  Ely replied 1 year ago.
That is up to the Court to decide on a case by case basis, but if that is granted, the visiting parent normally has to come to the state where the children are.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
Right now my ex-wife has physical custody and I am the one with visitation . The only reason my son is with her is because I chose it for him in his best interest since she defaulted however he is older now and his best interest is to stay with me. I am married so he would be watched by me and my wife she is not so he is being watched by after school care and a baby siter, I have a house and she does not even have a two bedroom apartment, I have the ability to take care of him and his needs more, she can barely take care of herself, he is more stable here, when he is with her he is not.Lately she has been harassing me and my family, verbally abusive towards me and my family and emotional abusive towards my son. I have my son for summer visitation but I am fearful for my son when he is with here so I would like to file a order of protection against her can i?
Expert:  Ely replied 1 year ago.
Like before, you are asking about a different topic, which is a matter outside the original question's scope. All follow ups are meant to be within the original question's scope. I would kindly as that you rate this question positively and then open a NEW thread for the proposed order matter. Alternatively, I can opt out and open this up for other experts.