S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Filing Motion  (Read 982 times)

BandAid

  • Guest
Filing Motion
« on: May 24, 2005, 01:21:33 PM »
My DH has always had problems with the stepfather of his son and daughter.  He is very controlling and at times borderline abusive.  There was an episode last week that has warranted us to take steps to try to change residential custody.  Without giving the details of the episode, (I can give them in private if necessary) his daughter has expressed absolute desire to come and live with him.  She is 15 years old, and our state is IL.  I called DCFS and told them the story, and since there were no bruises or marks on her, they could not open a case.  How terrible for a child to be traumatized like that just to have to be told to endure it.  Since that happened, more has been said about past events, and the stepfather really has a problem with anger.  He has verbally, mentally and now physically abused this child.  I went to the clerks office today and got the Motion paperwork, but I don't know how to fill it out.  Legal Aid pretty much wants you to be poverty level, and while we aren't, we are strapped very tight, so tight that we cannot afford a lawyer.  I have searched the internet for days trying to find anyone ProBono to help, and I have lurked here before and decided to join to ask for all of your expertise.  I just need help so that the paperwork is filled out so a judge will not laugh us out of court for filing wrong.


mango

  • Full Member
  • ***
  • Posts: 243
  • Karma: 0
    • View Profile
RE: Filing Motion
« Reply #1 on: May 24, 2005, 03:55:57 PM »
I can tell you what the BM filed on us:

3 motions total:

1.) Termination of rights:
Motion of defendant for reallocation of parental rights and responsibilities.

Now comes Defendant XX and moves the court for an Order reallocating parental rights and responsibilities for the minor child of the parties, and specifically for an Order terminating Shared Parenting and granting sole custody to Ms. X for reasons set forth below:

Memorandum
It is no longer in the best interest of the child for the parties to exercise Shared Parenting. Contrary to the best interests of the child as well as the child's expressed desire, XXXXXXXXX.

Further evidence will be adduced at hearing.


2.) Interview in Chambers
Motion for defendant to interview the minor child in chambers.
Now comes Defendant and requests pursuant to R.C. 3109.04)(B)(1) that the court interview the minor child, XX, in the chambers regarding her wishes and concerns with respect to the allocation of parental rights and responsibilities.

3.) A motion for a guardian:
Then there is a motion for a Guardian ad litem:
Memorandum
The needs of the minor child are not being met due to XXXXX. It is necessary that a Guardian ad litem be appointed immediately to safeguard the best interests of the minor child. Further, Defendant has requested that the court interview the child in the chambers. Therefore persuant to R.C. 3109.04)(B)(2)(a), the court must appoint a Guardian ad litem for the child.




lookinnomore

  • Jr. Member
  • **
  • Posts: 96
  • Karma: 0
    • View Profile
RE: Filing Motion
« Reply #2 on: May 24, 2005, 07:58:16 PM »


I can tell you when BM filed for us, all the papers said was change of custody

then it had a few lines to write why she wanted the change of custody and she wrote

she had a better house for the children

she also filed papers to ammend child support as she wants the boys so she shouldn't pay child support.

If you ask the clerk who you got the papers from she/he should be able to help you fill them out, although can't give legal advice.

To change custody you will almost HAVE to have a lawyer.  

GOOD LUCK to you and your SD.

momof7

  • Guest
RE: Filing Motion
« Reply #3 on: May 27, 2005, 08:47:28 AM »
I know what you mean.  The bio mom sustains herself on welfare and childsupport so, she has every avenue of free legal aid available to her.  We struggle to pay all the bills with the wages we earn.  Technically, we don't qualify for any free anything, but when the legal aid asks how much we earn, we lie.  We say we make <$1,000 / mo.  Not true, but they don't require proof and we get the help we need.  You may or may not feel comfortable doing this, but there is no way we could afford a lawyer.  why should she be the only one getting legal advice?

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.