What is the name of your state (only U.S. law)? Illinois - Cook County
MY QUESTION: Can I ignore the second Motion for Visitation set for Dec, since I already have a continuance date of Jun of next year? I am physically NOT able to attend.
MY BACKGROUND INFORMATION: After six years, I recently filed for an amended Child support order. The court granted my request and my ex is very upset because he is going through a divorce and has to pay child support for his other two children as well as increase mine.
In any case, on Sept 23 of this year, I was granted the increase. He asked informally for visitation and I agreed with the Child Support Officer that we can set something up.
When Visitation Mediator showed up to help us set something up, he said he wasn't interested because he is doubting that my son is really his child.
We left without setting up any visition order.
Two day later, I received a NOTICE of MOTION FOR VISITATION. The date on the motion was Nov 6 of this year. On Oct 30 ( a week before the court date) a lady claiming to be his lawyer called me to delay the date because both my ex and the lawyer can't make that date. I said I already made plans to be there and I will be there. She said she would call me back but she didn't.
On Nov 6, I showed up in court but neither my ex nor his lawyer showed up. I explained to the judge that this is the second time we have tried to do this. And in addition, it is great physical difficulty for me to come to the court since I'm expecting, have difficulty walking and my doctor's have had to put me on bedrest. I was warned not to exert myself. The judge saw my obvious physical condition and gave me a continuance for June of next year. By then, I would have had my child and be able to attend to this motion properly. I left with the continuance document.
Later that night, my ex's lawyer called me and said she was the reason he couldn't make it. They missed each other. I told her, let's just do it by the book. We'll go up to the judge again in June, I said. And I hung up.
Today I get another NOTICE OF MOTION FOR VISITATION by first class mail. It says the lawyer will appear in court on Dec 4 to request visitation.
What are my options? It is impossible for me to be there physically until around May at the earliest. And I can't afford a lawyer right now to represent me. So, should I write a letter to be added to my file saying I'm unable to attend and attach my bedrest papers? I called the court division and they said I should try to call back the day before the court date so they can put whatever information I want in my file. Is this a good idea?
There are a lot of untruth's in the Motion so I need time to collect my evidence together. Also, the motion is requesting that my less than 10 yr old travel to Texas to spend the holidays at such short notice. I'm not okay with the travelling part. My ex lives in Texas.
But for now, I need to know how to address this motion.
Thank you all in advance for your help!
MY QUESTION: Can I ignore the second Motion for Visitation set for Dec, since I already have a continuance date of Jun of next year? I am physically NOT able to attend.
MY BACKGROUND INFORMATION: After six years, I recently filed for an amended Child support order. The court granted my request and my ex is very upset because he is going through a divorce and has to pay child support for his other two children as well as increase mine.
In any case, on Sept 23 of this year, I was granted the increase. He asked informally for visitation and I agreed with the Child Support Officer that we can set something up.
When Visitation Mediator showed up to help us set something up, he said he wasn't interested because he is doubting that my son is really his child.
We left without setting up any visition order.
Two day later, I received a NOTICE of MOTION FOR VISITATION. The date on the motion was Nov 6 of this year. On Oct 30 ( a week before the court date) a lady claiming to be his lawyer called me to delay the date because both my ex and the lawyer can't make that date. I said I already made plans to be there and I will be there. She said she would call me back but she didn't.
On Nov 6, I showed up in court but neither my ex nor his lawyer showed up. I explained to the judge that this is the second time we have tried to do this. And in addition, it is great physical difficulty for me to come to the court since I'm expecting, have difficulty walking and my doctor's have had to put me on bedrest. I was warned not to exert myself. The judge saw my obvious physical condition and gave me a continuance for June of next year. By then, I would have had my child and be able to attend to this motion properly. I left with the continuance document.
Later that night, my ex's lawyer called me and said she was the reason he couldn't make it. They missed each other. I told her, let's just do it by the book. We'll go up to the judge again in June, I said. And I hung up.
Today I get another NOTICE OF MOTION FOR VISITATION by first class mail. It says the lawyer will appear in court on Dec 4 to request visitation.
What are my options? It is impossible for me to be there physically until around May at the earliest. And I can't afford a lawyer right now to represent me. So, should I write a letter to be added to my file saying I'm unable to attend and attach my bedrest papers? I called the court division and they said I should try to call back the day before the court date so they can put whatever information I want in my file. Is this a good idea?
There are a lot of untruth's in the Motion so I need time to collect my evidence together. Also, the motion is requesting that my less than 10 yr old travel to Texas to spend the holidays at such short notice. I'm not okay with the travelling part. My ex lives in Texas.
But for now, I need to know how to address this motion.
Thank you all in advance for your help!
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