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Michael John Gauthier
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Michael Gauthier’s Answers

60 total


  • What do i do about my husbands ex wife and my sons dad making false dcfs calls? i

    i have had 4 in the past year, all unfounded and my sons dad keeps trying to get custody and taking me to court. and the ex wife just doesnt like me and has been seeing my sons dad on and off. im tired of dcfs being at my door every couple of week...

    Michael’s Answer

    If he's filing false or frivolous pleadings in court simply to harass you, Illinois Supreme Court Rule 137 allows for sanctions to be levied against him. That may put him in his place.

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  • I would like to be a witness in a case concerning my husband's child, however, I will be out of state at the time of the hearing

    I know the courts do not accept written letters, but, by any chance, would they accept video recordings into evidence? While I know that would mean she could not cross examine me, I am trying to find a way to tell the judge all that I have seen. ...

    Michael’s Answer

    The two easiest solutions are 1) Have the hearing continued until you are able to appear -if your testimony is that important, the attorney should already be doing that or 2) an evidence deposition which, again, the attorney should be considering. You may want to get in touch with that lawyer to discuss options if you are so compelled to participate in that case.

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  • My x wife and I both live in IL. She is planning to send my kids out of state without my consent/knowledge. Can she do this?

    we have a "reasonable/seasonal" visitations from our divorce over 5 yrs ago. She interferes constantly with my visitations and believes she can do this, as a basis along with her husband, because I haven't been able to pay cs, and I can prove why ...

    Michael’s Answer

    With very few exceptions, you are entitled to know where you children are going to be. For reasons you can imagine, it's easier to get this info before she leaves rather than after. Talk to an attorney right away so you can protect your children.

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  • My name is placed on the State Registry for Child neglect as my child got hurt stopping a fight between me and my husband.

    I am a RN in a hospital adult population. Can I win the case of appeal? Can I still practice my profession?

    Michael’s Answer

    I agree with my colleague above, but I'll also note there are strict time limitations for filing an appeal. You need to talk to a lawyer ASAP.

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  • Do we have to be separated before we get a divorce here in Illinois .

    My husband and I have together for about 10 we fight all the time over nothing. It seems like he just want to fight with me. I'm thinking that he has another woman. We 2 have two kids I haven't worked since I had my last child. What are the thi...

    Michael’s Answer

    You've asked a bunch of questions here, and I can appreciate your many concerns. I don't think any of us can answer your questions intelligently without first talking to you and learning more of the facts. Meet with a lawyer (most of us offer free consultations, so there's no risk) to learn your options. Those options include having the court order your husband to pay for your attorney's fees. But to answer your subject question, no you do not need to be separated to get a divorce in Illinois.

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  • My daughter in law moved out of state april of 2013 an took the 2 children with her then my son gets divorce papers last week s

    she wants full custody an he wants to have joint custody. my son has 30 days to respond what do we do

    Michael’s Answer

    You need to talk to an attorney right away. Most of us offer free consultations, so there's no risk in learning your rights. Once the 30 day clock starts ticking, as it has here, you need to be proactive and hire a lawyer. Otherwise, she will likely have him found in default which, in the simplest of terms, is not good.

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  • If my wife doesnt want an order of protection, how did one get put on me?

    My wife and I were arguing for literally a week. I got to the point where I just shut down (Really who has energy to argue that long? and started just ignoring her. If you want to argue, argue with yourself and let me know who won. Then she starte...

    Michael’s Answer

    I'm glad to see you acknowledge that you know you cannot talk to her. Secondly, you need to stop posting potentially incriminating information on here (like the admission that you hit her). Third, talk to and attorney right away.

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  • Is it illegal for the alleged victim of domestic violence deletes texts showing that she inititiated contact b4 calling 911

    My wife and I got into a pretty heated argument. She hit me I hit back she called the police. I went to jail, when I got my stuff back I noticed that she had deleted everything on my phone and facebook showing whe initiated the dispute and contact...

    Michael’s Answer

    First, if there is a chance you are going to be charged with a criminal offense you should not be posting any admission on here which can come back to haunt you (example: admitting you hit her). Secondly, you need to talk to and hire a criminal attorney right away.

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  • Can I win this custody battle

    she filed for full custody and wants everything. when she left she left the kids here with me and keeps telling me to not contest it and she will give me everything and the kids after its over

    Michael’s Answer

    I'm sure you've already figured this out, but she wants you to enter into a binding and enforceable (by the courts and the police) court order...but then promises she'll ignore it and essentially do the opposite. This smells like she's setting you up. If I were you, I wouldn't trust her as far as I could throw a boulder. Get a lawyer and get a court order that gives you what you need.

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  • How can I fix my parents and fiancee residential status?

    I'm 20 years old and a Registered Medical Assistant. My parents have been here 23+ years and my husband 14+ years. I have younger siblings (7 & 14) and a daughter (2). I want to do everything possible to change their residency as they have been h...

    Michael’s Answer

    If you're looking to change their residency from another country to the United States, I'd suggest posting in the immigration forum. If you're just talking about establishing residency in the State of Illinois, it appears that's been done for some time.

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