Elk Grove Village, IL asked in Family Law for Illinois

Q: Can I just get a motion instead of a petition to see a judge?

The Mother left the children, 4 and 6, and just left...I am the Father. We are not married or have not been together in over 4 years. I wanted to do something quickly to stop her from coming back and going back to the same arrangement we have (nothing legal) I did have to go thru this whole process of custody when she fled the state and took the children, got her back to Illinois, had a whole custody agreement made up, but didn't follow thru with the courts, so it is not official.. Yet we have been abiding by this for years and has been working. She has some serious mental health issues, fear she is a flight risk, and if she comes back, will fear for my children's well being! She has a current boyfriend with a child as well, she left him and their 2 year old child as well. I know it's not easy, and is a serious and almost impossible task to get full custody and not to mention the cost...I am still in debt from her removing the kids from the state.

Related Topics:
2 Lawyer Answers
Dean Wilhelm Taradash
Dean Wilhelm Taradash
PREMIUM
Answered
  • Chicago, IL
  • Licensed in Illinois

A: You should talk with a lawyer ASAP. Feel free to call me at 312-775-1020.

James G. Ahlberg
James G. Ahlberg
Answered
  • Rochelle, IL
  • Licensed in Illinois

A: The pleading that begins a case is typically called a petition or a complaint. On the other hand, a motion is typically something filed within an existing case. Bottom line: if you're opening a new case, you can't use a motion.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.