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Filing for visitation without a lawyer

Started by DDS, Dec 28, 2009, 08:20:45 AM

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DDS

Hey all.
I'm just back to work for the first time after being laid off for five months, so money is an issue. With my ex not letting me take him for any time at all and me not being able to afford a lawyer yet here in IL, would you guys recommend me filing for visitation without a lawyer to get the ball rolling?

ocean

If you dont have the funds then do it yourself. Ask questions here and read this site. It is pretty easy to file but once you get in there you need to be able to stand up to her lawyer if she gets one and not take his work. Her lawyer is HERS so dont agree to anything unless that is what you really want. 

Davy

First be certian you have verified and substantiated paternity.  You would probably benefit by :

...  becoming a casual observer a few times in a Cook county family court.

...  developing a proposed parenting plan

...  preparing for false accusations

...  etc etc etc etc

This is a learning process and even some experienced pro se' (represent oneself) advocates
may hesitate entering a Cook county court house.  You should know your environment and how corrupt Cook county and IL are.  On the other hand, you may be better off than paying someone to screw you.   

DDS

Yeah, i've learned alot on here. I got her to delay going to court. I'm planning on filing for visitation this upcoming week. It's 329 bucks, but that's better than spending 1500 on a lawyer.
That said, She kinda played all her cards last week in an argument, stating I was unstable (i'm not, and my dr has agreed to speak on behalf as to the reason i was on anti depressants). I have literally a dozen people willing to speak on my behalf ( i dont' know if character witnesses help) and a notebook worth of jotting down her antics.

Not sure what else I can come up with that might help my situation

ocean

Start having conversations through email or text so you have proof. A notebook is not evidence. She will have to prove you are unfit...you may have to see a pych or do an evaluation. Will the dr give you a general To whom it may concern letter stating "xx has been under my care since xx and is healthy and there is no need for meds at this time". That may negate the need for an evaluation.

Not sure if we told you but take a CPR class (one or two nights to get certified) and parenting class. It looks very good in court. Have all supplies at your house for a child...crib, diapers, toys, child proof house.

$329??? wow...here is is free to file... what state are you in?

DDS

Great points.. i was about to take a CPR class anyway, but that's a great idea... Parenting, also smart..
I'm in IL. Corruption runs rampant and you pay money for EVERYTHING!!! I almost fell out of my chair when I read that... $329... to process paperwork that proves I'm the father... Ridiculous.

Now the lawyer I spoke with did say to keep track of EVERYTHING in a notebook and said it may help...

ocean

Notebook is good for you to remember what happened which day. Some judges will let you refer to it for dates /times but you can write whatever you want in there so it is not really evidence. After you write in there, think, how can I prove this..email, tape record, text, dr note??

Do you have to prove paternity first?

brwneyedmom

My ex had his MD who prescribed antianxiety and antidepressant meds testify by telephone at a hearing once upon a time (non divorce related).  It worked well for him.  The advantage was that both attorneys got to question the MD and the judge was able to hear the testimony.  It worked better than a generic letter for my ex.


DDS

great idea...
Yeah ocean, i had to go get our paternity paperwork showing im the father. This is a really crappy proces to have to go through...