Child Custody help please

[jimmy]

  I am part of an on-going custody case.
I am the Residentional Parent but I let my daughter sleep at her Mom's house.
I have been working nights for some time and just went to the day shift.
Last court date(which was in 2003) the judge worked out a plan so I would have
full custody if I went to the Day shift or had a live in girlfriend or wife.
Welll I have both now!
  But the Mother lost her job and I am assumeing she has gone for Public aid.
Now she is going after me for Child Support. I cannot afford any of this at the present time.
   I was hoping someone can Help me out  by refering me to a Free legal service to help me get Full custody and end all of this battle.
I cannot afford the Lawyer I had for this case in the past and I am sure she would not help me with the costs.
   Can any one point me in the right direction....I have tried almost every avenue and every pro-bono legal foundations in my county..
    Please help  my court date is June 13th

[Genie]

what has the CS been in the past. Were you paying her? Was she paying you? Were neither of you paying?  Is there even a CS order?

As for Custody.  Has custody actually been granted to your or her yet?  That will be your defense.  If you have been given temporary custody, then she has no right to CS and you need to let them know.  She may be lying to them stating she has custody.  She may not even be going on Public Aid. CS Enforcement is part of the Depart of Public Aid in IL. If she is going for public aid she may have named you as Father and that is why they are going for CS from you.

You need to give a little more info here.  Also you need to contact Public Aid or CS Enforcement and let them know the whole situation and all court orders that have been done so far even if custody for you is only temporary at this time.

[jimmy]

Well in the custody papers, I am the residential parent.
There has been no support exchanged between either one of us.
Basiclyy, the mother is in Contempt of all custody agreement,since she has lost
her job. But I have let it go, until I received court papers to go back to court. I just haven't acted on it. I know I should file some Motions, but i was hoping to get some help with this. I am financially strapped and cannot afford another bill.
Now I am thinking of movie out of state--and my daughter wants to live with me.
Either way-if I go to Florida or stay in Illinois---she wants to live with me.
She is 9 years old---is she old enough to go in front of the Judge?
I was hoping but I didn't think so.
Thank you,
    Jim

[Genie]

if you have custody in court orders then she is not entitled to any CS at all and you need to let CSE know this.  Get someone on the phone and send them copy of the order if need be.

As for moving out of state, you will probably need permission from the court. If you decide to, you need to inform BM and give 30 (?) notice and she can file in court to stop it.  See if she agrees and you guys can draw up a new visitation schedule for her that is very fair. You may need to go to court either way though. I'm not quite sure about moving out of state totally. Only had to deal with moveaway within state.

At 9, I don't know how much judge will listen to D. He could say she is not involved at all and not allow her in court room as was done when our BM would bring the kids to court with her thinking they would be heard. SD was preteen at then time. You could ask for mediation then Evaluation and D would be able to talk the evaluator and let her wants known. But the judge will look at everything not just what she wants to make the decision. There is no cut and dry.

[awakenlynn]

At 9, she is too young to go before the judge.  The judge may want to determine why you wnat to move to FL and if it for a new job, will it really help provide for the child better, and if it is in the best interest of the child.  

My husband's brother, can move anywhere within IL, but not outside, my husband's ex can move anywhere in the country as long as she notifies my husband and the courts.

As for the child support, send a copy of the court order to the IL Department of Public Aid, to SDU(if they are named or have presented you with withholding-which they did to us before a decision was determined), the State Attorney(if they are representing the ex), and to the circuit clerk.  Have all your documentation prepared: Support agreement, divorce agreement, letters from work stating your are on days, marriage licence(just in case), anything notating ex presently does not hold a job and how that is in contempt.  Have an updated financial affidavit prepared and request a copy from her.  Use both in court to show you are the established parent and have the custody and continued ability to care for your daughter.

Lynn

[thoughtless0ne]

Its not nice to lie jim. Didnt your parents teach you better then that?

[thoughtless0ne]

Liar Liar