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Peggy M. Raddatz
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Peggy Raddatz’s Answers

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  • Can my ex-wife modify our joint custody just because I move out of state?

    We live in Illinois, I am moving to Virginia. She tries to control the situation at every turn. I'm concerned that my move to Virginia will cause her to go on the offensive and try to gain full or sole custody. I am moving for work, for a better o...

    Peggy’s Answer

    Yes she can go to court to Modify the parenting schedule and joint custody. You moving is the substantial change in circumstances. She will have to prove the changes she is asking for our in the child's best interests.

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  • Can I leave the state while involved in a trial for Dom Batt?

    I have a court date in October of this year. I live in Illinois and have family in Massachusetts. I've lost my home and my job in this and desperately need to leave this state to regain some financial stability. My old job in Mass has already s...

    Peggy’s Answer

    Probably not without a specific order from the court. Call your lawyer. Your lawyer can answer this question. Your lawyer can also ask the court to allow you to leave. It is not at all a sure thing.

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  • Is a hearing re an Emergency Order of Protection case thrown out if I didn't go?

    I'm the petitioner and I put an Emergency Order of Protection on my ex-husband. He has a Domestic Assualt case for pulling a butcher knife on me . I was under the impression the court date was for THIS MORNING- July 3rd @ 9am. It was YESTERSAY, Ju...

    Peggy’s Answer

    Go to the courthouse to find out what happened. It was probably dismissed. File a Motion to Vacate the Dismissal. It would be best to have a lawyer do this for you.

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  • I have been divorced for 7 years. My ex has left a valuable car in a garage that I own, he's never picked it up. When is it mine

    At the time of divorce there was a paper stating that he had so many weeks to take the things from my properties that he was entitled to and that has been 7 years ago. I have looked back through my divorce papers and can not find the date issued. ...

    Peggy’s Answer

    Ms Judy Goldstein gave you the best advice here. Don't edit but take action on this. Technically you could charge him for storing the car. If he does not get it you can also file a motion in court to have the car deemed your property and even ask for a judgment for storage fees.

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  • My ex accusing me of taking items that were his.

    I recently moved out of my excuses house. He is now saying I took items that were his. The items in questions were gifts he gave me and my kids.

    Peggy’s Answer

    Ex what husband or boyfriend. If you are divotcing it is part of your case. If not there isn't a whole lot he can do. Just move on.

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  • What’s the procedure to substitute a presiding judge for cause?

    It doesn’t make since to schedule a court date with the same judge that I am trying to substitute. Do I need to file motion to substitute in front of chief of judges?

    Peggy’s Answer

    If you have a lawyer you need to discuss with your lawyer. If you do not you really should retain one now. You left political s bunch of facts here. Is it the first substitution? Has the judge heard anything yet in the case? You need to determine these factual issues before the procedure is discussed and answered.

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  • Ex parte hearing for emergency child custody

    My ex was just arrested tonight for beating his wife. He was found by police driving his small truck with all 4 of his children without any child restraint seats. The officers had been told he had been drinking, bit for some reason they didn't bre...

    Peggy’s Answer

    Based on these facts I would say you should have a shot. The real question is why did the ex have custody in the first place if he has had these problems most of his life?

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  • Can a person counter-act with a petition AFTER divorce is filed?

    Recently divorced. Everything final and judge signed divorce. My ex now stated that he will counter act with a petition for some material things. Can he do this even after the divorce? In the divorce docs it stated that the property that each ...

    Peggy’s Answer

    If the case was only filed then yes the other party can file a counter petition. If the court signed a Judgment of Dissolution then you are divorced and the case is over. After Judgment he cannot Counter file another petition Or counter claim

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  • Can I sue my child's Father (we were never married) for pain and suffering due to his systematic alienation of our son?

    He planned a custody case months before we split up, has two family members who work in CYS in the county of jurisdiction, has lied and exploited my good nature to control every aspect of my life, refused to modify custody and has brainwashed our ...

    Peggy’s Answer

    I think you are very late in doing something here to get on track with your son. Have you seen your son? I'm not sure I really understand thes facts. If you are too poor to go to court to modify I'm assuming you are too poor to file any suit against him. Proving a case of alienation is for purposes of gaining custody. You can always sue for just about anything but keep in mind you will need to prove your case and have the funds to do so.

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  • Need help I'm out of $ tried the bar legalaid no help seems lot more help is available if I was in Cook Co. Im in DuPage Ideas

    I need to file motion to reconsider and maybe appeal Had my son his whole life He'll be 13 this year ex's legal games caused me financial problems now I'm losing my son who wants to stay because of my financial problems, If the judge had decided o...

    Peggy’s Answer

    If you don't qualify for legal aid then you have only yourself, family, and friends as resources,. It is highly unlikely you will find a pro bono lawyer for post trial motions and/or an appeal. I suggest you hire counsel immediately for the post trial motions. You must have some relative or friend who will be willing to give you a loan or a gift. Take a loan against your assets. Do you own a home? 401k can be a source. Sell your car or other assets. Again you asked for ideas so I'm giving them.

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