Please help! Need advice fast!

[Broken]

What is the name of your state? Illinois

I need some serious help. My wife and I seperated back in the beginning of November. She filed for divorce about two weeks ago, and I got served with the papers this past thursday night. In the papers is the usual "run the father over with the biggest truck you can find" kind of stuff. Don't let me see my kids, don't contact my ex, 28% for child support, another 5% or 7% for spousal maint., for me to pay her attorney fees, etc. etc.

Anyway, I have my kids for about 71 hours per week. They sleep at my home 4 nights per week, and are with me the whole weekend. Now, she's telling me she wants the kids even more than the 97-hours per week she already has them. We're both good parents, so there's no reason one of us should have them more than the other. But she's already got them more than I do... and I know she's just pushing for more time so she can get more money. My wife originally told me that she does not want spousal maint., or for me to pay her attorney fees, but she does want the 28% for child support. My problem with this is, I can't afford that. If she gets that much, I will not be able to survive. I will have to pick up another job, which means I don't get to see me kids very much. Her attorney told her to not let me see my girls until the court date... can she legally do that? They're my kids too! I don't have a problem giving her money for the kids if she needs it, but 28% will put me out of the picture. I love my girls VERY much... PLEASE HELP! I can't afford an attorney....

[I AM ALWAYS LIABLE]

Originally posted by Broken
What is the name of your state? Illinois

I need some serious help. My wife and I seperated back in the beginning of November. She filed for divorce about two weeks ago, and I got served with the papers this past thursday night. In the papers is the usual "run the father over with the biggest truck you can find" kind of stuff. Don't let me see my kids, don't contact my ex, 28% for child support, another 5% or 7% for spousal maint., for me to pay her attorney fees, etc. etc.

Anyway, I have my kids for about 71 hours per week. They sleep at my home 4 nights per week, and are with me the whole weekend. Now, she's telling me she wants the kids even more than the 97-hours per week she already has them. We're both good parents, so there's no reason one of us should have them more than the other. But she's already got them more than I do... and I know she's just pushing for more time so she can get more money. My wife originally told me that she does not want spousal maint., or for me to pay her attorney fees, but she does want the 28% for child support. My problem with this is, I can't afford that. If she gets that much, I will not be able to survive. I will have to pick up another job, which means I don't get to see me kids very much. Her attorney told her to not let me see my girls until the court date... can she legally do that? They're my kids too! I don't have a problem giving her money for the kids if she needs it, but 28% will put me out of the picture. I love my girls VERY much... PLEASE HELP! I can't afford an attorney....

My response:

You say, "Please Help", but help in what manner? You say that you can't afford an attorney - - so, is the "Help" you're asking for in these forums "representation" and/or "guidance" through your dissolution?

What, exactly, is the kind of "Help" you are requesting?

IAAL

[Broken]

Is she allowed to keep me from seeing my kids? As I said, we've been sharing custody for the past few months, and it's been working well... but now she want's them even more. Can she do that? We haven't had a hearing or anything like that yet. Also, what do I do if she does decide to go for full custody since I can't afford an attorney? Do I even stand a chance without one? I'm a very good father, and I really don't want to lose my kids.

[I AM ALWAYS LIABLE]

Originally posted by Broken
Is she allowed to keep me from seeing my kids? As I said, we've been sharing custody for the past few months, and it's been working well... but now she want's them even more. Can she do that? We haven't had a hearing or anything like that yet. Also, what do I do if she does decide to go for full custody since I can't afford an attorney? Do I even stand a chance without one? I'm a very good father, and I really don't want to lose my kids.

My response:

No, you don't stand a chance without an attorney. So, yes, as long as you're unable to exercise your rights, she can, and will, stomp all over you.

You need representation fast.

IAAL

[Broken]

Is she allowed to keep me from seeing my kids until the court date?

[I AM ALWAYS LIABLE]

Originally posted by Broken
Is she allowed to keep me from seeing my kids until the court date?

My response:

Yes, because there is no order of custody at this time - - and, because there isn't, she's afraid you can do the same thing to her; e.g., if you get the kids, that you'll keep them away from her. It's a two-way street.

So, you'll need an attorney to obtain a "Pendent Lite" (pronounced "light-tee") Order for visitation and support. This is necessary so that there is an "interim order" in place, and so that your kids aren't deprived of you, or the monetary support they need. Then, when the hearings on the subject of visitation and custody are complete, you'll have a final order on visitation, custody and support.

But, I'm telling you that you need representation to do this.

IAAL

[Broken]

What do I do to get a lawyer. Every one I've talked to wants at least $1000 up front... and I just don't have that kind of money. She borrowed the money from her parents, so she's not overly worried about it. This is terrible that it comes down to not being able to see my own children because I don't have a ton of money laying around.

This Pendent Lite, is this a form that I can find/file on my own if she does decide to do this?

[stephenk]

some attorneys do accept credit cards. do you have family you can ask to borrow from?