Do you only get one motion to dismiss?

[mybrood]

Pre trial hearing

I have a pre trial hearing coming up. Can anyone tell me what I can expect to happen?

 

[LdiJ]

I have a pre trial hearing coming up. Can anyone tell me what I can expect to happen?

Pretrial hearings are generally when people ask for temporary orders if they are going to do so, they are also where/when judges do things like appoint GAL's or other court professionals to help with best interest findings. If you wanted to try to argue that the grandparents do not have standing you would argue it there.

Fight hard against any temporary orders for visitation for the grandparents. State that temporary orders would be a violation of your right to due process.

 

[mybrood]

Thanks for all the input.

I spoke with the 1 of the grandparents' lawyers and he said that he was going to have my response to their petition struck from the record. Can he do that? Don't I have the right to answer the lies that they put in their petition? They didn't even have the dates of births for the children correct or the last time that they saw the kiddos correct.

 

[Proserpina]

Thanks for all the input.

I spoke with the 1 of the grandparents' lawyers and he said that he was going to have my response to their petition struck from the record. Can he do that? Don't I have the right to answer the lies that they put in their petition? They didn't even have the dates of births for the children correct or the last time that they saw the kiddos correct.

For what reason?

 

[mistoffolees]

Thanks for all the input.

I spoke with the 1 of the grandparents' lawyers and he said that he was going to have my response to their petition struck from the record. Can he do that? Don't I have the right to answer the lies that they put in their petition? They didn't even have the dates of births for the children correct or the last time that they saw the kiddos correct.

He has to have grounds to have it stricken from the record. What are his grounds?

Really, for something this important, an attorney would be helpful.

 

[mybrood]

He didn't say on what grounds. He only said that at our pretrial on Jan 24 he was going to have my response stricken.

I actually hired an attorney and he thought that grandparent's did not have any rights in Illinois and filed a motion to dismiss. I had to school him on the new grandparents visitation act. After hearing who the grandparent's attorney was, he felt he was not equipped to handle my case and asked to withdraw and I was fine with that. I have had no luck finding a local attorney (within 60 miles) who has ANY experience with this kind of thing. I am not willing to shell out another $5000 and still have to do the work myself.

I honestly do not see where they have any grounds according to the Illinois law to even seek grandparent visitation.

 

[mistoffolees]

He didn't say on what grounds. He only said that at our pretrial on Jan 24 he was going to have my response stricken.

I actually hired an attorney and he thought that grandparent's did not have any rights in Illinois and filed a motion to dismiss. I had to school him on the new grandparents visitation act. After hearing who the grandparent's attorney was, he felt he was not equipped to handle my case and asked to withdraw and I was fine with that. I have had no luck finding a local attorney (within 60 miles) who has ANY experience with this kind of thing. I am not willing to shell out another $5000 and still have to do the work myself.

I honestly do not see where they have any grounds according to the Illinois law to even seek grandparent visitation.

You really need to stop listening to opposing counsel.

He can not have anything stricken from the record. The most he can do is ask the judge to strike it from the record - but he needs grounds.

They probably don't have grounds, but if you don't defend your case properly, they could win, anyway.

No one's going to stop you from doing it on your own - you have to decide for yourself whether your child's future is worth a few thousand dollars. And finding an attorney shouldn't be a problem. Just call around and ask for attorneys who have relevant experience. Ask the state bar for a list of attorneys with experience in that area.

 

[mybrood]

It's not a matter of a few thousand dollars. I have spent over $10,000 in attorney's fees in the past 10 months. Also it's not that easy to find an attorney with relevant experience where I live. I have literally called every attorney in the phone book in the 60 mile radius and NONE have any experience with grandparent visitation. There have only been a handful (like 4) of grandparent visitation cases in Illinois since 2007. Most attorneys with experience are from Chicago and that is 350 miles north of me.

 

[mistoffolees]

It's not a matter of a few thousand dollars. I have spent over $10,000 in attorney's fees in the past 10 months. Also it's not that easy to find an attorney with relevant experience where I live. I have literally called every attorney in the phone book in the 60 mile radius and NONE have any experience with grandparent visitation. There have only been a handful (like 4) of grandparent visitation cases in Illinois since 2007. Most attorneys with experience are from Chicago and that is 350 miles north of me.

Google 'attorney grandparents visitation illinois' (without the quotes). There are a lot of hits.

 

[mybrood]

Gal

I received a notice of motion in the mail today from grandparent's attorney. It was requesting a GAL. However a GAL was assigned to the case in August, so isn't this a waste of the court's time. Mr. Goldberg was not present in court when the judge assigned the GAL but the local attorney that he is working with was. They are requesting a court date for this.

Is there anything that I need to do?

 

[LdiJ]

I received a notice of motion in the mail today from grandparent's attorney. It was requesting a GAL. However a GAL was assigned to the case in August, so isn't this a waste of the court's time. Mr. Goldberg was not present in court when the judge assigned the GAL but the local attorney that he is working with was. They are requesting a court date for this.

Is there anything that I need to do?

File a response stating that a GAL was already assigned to the case in August, therefore there should be no need for a hearing on the matter.

However, do you know who the GAL is and has the GAL actually been paid and is working the case?

 

[mybrood]

He hasn't been paid yet but he hasn't had to do anything yet either. We don't even have a trial date set. The GAL is a local attorney. He was also the kids' GAL in their adoption case.

 

[LdiJ]

He hasn't been paid yet but he hasn't had to do anything yet either. We don't even have a trial date set. The GAL is a local attorney. He was also the kids' GAL in their adoption case.

Again, file a response that a GAL has already been appointed and therefore there is no need to have a hearing on the matter. See what the judge decides to do.

 

[LanceF]

I found the attorney that represented the parent in the Mehring Case. It was Lance Freezeland from Effingham, IL. He was good. If he is too far away to do you any good he may be able to recommend someone who can.

Do NOT let Mr. Goldberg intimidate you.

Thank you for the endorsement. My name popped up in this thread during a random Google search and that's what led me here.

Mybrood -- Call my office. I understand that you are in deep Southern Illinois, and I am in Effingham, but I have successfully defended grandparent cases in Massac County (Metropolis), Franklin County (Benton) and Jefferson County (Mt Vernon). Just Google search my name and Effingham and my office number should pop right up.

 

[LdiJ]

Thank you for the endorsement. My name popped up in this thread during a random Google search and that's what led me here.

Mybrood -- Call my office. I understand that you are in deep Southern Illinois, and I am in Effingham, but I have successfully defended grandparent cases in Massac County (Metropolis), Franklin County (Benton) and Jefferson County (Mt Vernon). Just Google search my name and Effingham and my office number should pop right up.

.

You are totally welcome. You "rocked" in the Mehring case and I would endorse you forever due to that.