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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30384
Experience:  Attorney with experience in family law.
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Second opinion] - I have full custody of my 5 1/2 yr old-due

Customer Question

Second opinion] - I have full custody of my 5 1/2 yr old-due to prior Dom Violence from the non-custodial parent who resides in Missouri. He is behind 8 grand in support. I work fulltime in crim justice job. He is taking me to court to ask for "more" visitation and has an attny. I do not currently have an attny because I am financially strapped having to support my son on my own w/o child support. I went to court last mth and his attny said we needed to come into agreement (my ex's terms) or we were going to a pre-trial on Oct 27th...I seriously fear for the life of my son and know that he is highly violent, a rapist and drug user,he has 3 oops, and all women will testify, 1 of those women he raped resulted in the birth of a child 1 yr younger than my son and he does not pay support for the child, paternity has been determined. His own sister will testify as well if needed and also fears for my sons life if he were to go w/him unsupervised. I have never "refused" visits to him, and even paid for 2 "supervised" visits in Springfield Il. I don't know what to do-some say get a Guardiem at Liediem, others say mortgage all u have to get an attny to go to trial-but, in lieu of all this, What is my Best Option to protect the LIFE of my little boy? The last visit I called the police who told me my little boy did not have to go because he was refusing and scared, they asked my son why he told them, "because he locked me in a room, and wouldn't let me out" so this is on record. Furthermore, I have been to 2 mediation appts and one attny said, he was "impossible". Please help me figure out what my BEST option is at this point? God Bless You, I cannot sleep at night over this.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

You have the ability to ask the judge to appoint a Guardian Ad Litem to determine what is in the best interests of the child. The Guardian ad litem is an unbiased third party, usually an attorney, who will represent your son. They'll talk to you and the father, but they'll also talk to any of your witnesses to the way the father treated you. They'll read police reports from the domestic violence. It may be possible to ask to continue the hearing until the guardian ad litem is able to investigate and form an opinion.

You also have the ability to ask the judge to deny ALL visitation until the father brings his child support obligation current. This can be done through a Motion for Contempt of Court, which you can file at any time.

Because these cases are so emotional, and there's so much at stake, it can help to hire a local attorney to help you. However, you have a right under Illinois law to ask that the father be required to contribute to your legal fees so both parties are on equal footing. And that means you should be able to file a lawyer who will file the motion for fees first, then proceed from there. You don't have a lot of time for your lawyer to get up to speed on the case, so it's a good idea to make a list tonight and start making phone calls tomorrow. A good place to find someone is

Expert:  Lucy, Esq. replied 1 year ago.

Keep in mind that the father doesn't automatically get more visitation just because he's asking for it. He's got to show that the change is in the best interests of the child, and it sounds as if you have plenty of evidence to refute any arguments he might make on that topic.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.

Did you have any other questions about this?

Customer: replied 1 year ago.
I just wanted you to also know that the divorce has been over since 2014, this is all only "visitation" issues, if that makes any difference. So your saying I might be able to find an Attorney that will file the motion for "FEES" only First? then we get a new court date and go from there?
Expert:  Lucy, Esq. replied 1 year ago.

Yes, it's possible. Because the lawyer wants to know if they'll get paid before they spend a dozen hours or more doing the work. Or they might want to file the request for fees with your response to the motion. There could be a hearing on the fees, separate from the other issues. But you don't have to do everything yourself just because the other party has more money.

Please rate my answer positively to ensure I get paid for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Expert:  Lucy, Esq. replied 12 months ago.

Do you have any other questions about this?