Modification Petition and Right To Show Cause

[JJEB]

I filed a Modification Petition for Visitation and Right To Show Cause Petition due to denied visitation for the past two years with the court. Ex did not obtain an attorney until the last minute. Don't they have to answer the petition and RTSC before the hearing? The state is IL.

Thanks for your help.

[socrateaser]

A response to a motion is not mandatory, but if one doesn't respond, the court has no opportunity to review both sides of the issue prior to the hearing. In a court with a very heavy caseload, this usually makes little difference, because the judges are so busy that they never read the motions in advance of hearing. But, it's still appropriate to get a pleading into the court record for possible later appeal, and because sometimes the judges read the pleadings later, if they can't make a decision during the hearing.

Interesting that you refer to the action as a "Right to Show Cause." In every jurisdiction that I'm familiar with the term is "Order to Show Cause" or "Show Cause Order."

[JJEB]

This is a small county in Illinois.  They are a bit backwards or late.

I apologize, but I have one more question.  I do have an attorney, but  can I call and get a copy of the pleading from my ex and her attorney?  I do realize that I will have to pay for it.

Thanks again for all of your help.

[socrateaser]

If you have an attorney, then your attorney should be calling his opponent and asking for a copy of the pleading. If this isn't happening, maybe you should consider hiring a new attorney.