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.

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2 Lawyer Answers
Dean Wilhelm Taradash
PREMIUM
Dean Wilhelm Taradash
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.

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