My son has been recently diagnosed with autism. My son's father has visitation rights with the usualy schedule of every other holiday so on and so forth. The problem is that my son and I live in Pennsylvania, and his father lives in Illinois. The visitation order was completed in Illinois. I need this order modified to shorten the amount of time my son is away from Pennsylvania due to the fact that his services are out here. I was wondering if there was any way that I can represent myself or if there is legal help for interstate cases. I was also curious what my rights are. Finally, I would like to have my child support increased (currently receiving 12 a month) and to have my son's father tested for drug use. Any if not all help would be grateful.
2007-03-02 18:09:29 · 5 answers · asked by born2bfree 3 in Politics & Government ➔ Law & Ethics
The state of Illinois has jurisdiction and thats where you will have to go to have the Child Support changed and to petition the court to modify the the ruling on child visitation.
You may want to discuss the matter of your son's treatment with your ex-husband and stress its the son's health you both should be concerned about. If he argues child support, ask him to handle that separately.
If he will agree to shorter visitation, all he has to do is write an agreement form, that both you and he sign WITH a neutral witness. It must detail the Visitation and not contain anything about child support. His agreement signed might not be forcible, but will show the courts if he changes his mind later that you did not take advantage of the boy's father that he agreed to it.
It is NOT advisable to represent yourself - you need a lawyer. I forget who said this (some great historical figure), who said, "A man (or woman) who represents himself has a fool for a lawyer". Its good advice. If you represent yourself without legal knowledge, your ex-husband's lawyer will eat you and spit you out raw - and you may end up losing more than you know.
Get an attorney.
2007-03-02 18:25:24 · answer #1 · answered by Victor ious 6 · 1⤊ 0⤋
If custody was set in Illinois, you obviously lived there so what is the problem with you moving to Penn. The father will have to make accomodations for seeing the child not you. To have child support increased go to county clerks office that handles the case, in Illinois, and ask for more support they will show you what you need to do. As far as testing father for drug abuse, that's not going to happen, yoiu have no rights to ask for one either. You obviously have it out for the father, I suggest you get over your anger and move on.
2007-03-02 18:16:20 · answer #2 · answered by bigbro3006 3 · 0⤊ 1⤋
You will need a lawyer for this. I can tell you from past custody experience. I know you say you cannot afford one, but if I could offer you the top lawyer's in your state for $26 a month (no contract attached), who can help you in both states, would that be something you would consider and take a look at.
2007-03-04 08:43:45 · answer #3 · answered by gatorgirl 5 · 0⤊ 0⤋
It is imperative that you and your son's father discuss the appropriate arrangements for "services", certainly a designated pediatrician, for your son in Illinois as well as in Pennsylvania. Appropriate care for your son should be in play in both locations. Contact your son's pediatrician or caseworker and discuss this with him or her.
2007-03-02 18:21:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Contact you local bar association, or better yet the local Childs' Protective Services (different locales use different names) and they can give you free advice, some attys might do this pro bono, but I would not count on that.
2007-03-02 18:15:45 · answer #5 · answered by Charles V 4 · 1⤊ 0⤋