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David Matthew Gotzh
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David Gotzh’s Answers

4,647 total


  • Out of State Paternity Case

    My husband had an affair with a woman who lives in Pennsylvania (she flew here for their trysts). She is now pregnant and days away from delivering her baby. My husband wants a paternity test but is convinced that he needs to go there for it and t...

    David’s Answer

    I think he'd rather defend a paternity action here than in Pennsylvania. The reason? Well if the child was consummated here, then perhaps personal jurisdiction is going to be an issue. Unless he does something silly and waives it.

    He needs to talk to a family law attorney in his area for specific guidance.

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  • May I ask for a continuance?

    I was given an emergency order of protection & recently went to court for it to be extended permanently. My ex BF asked for a continuance and was granted 30 days. Our next court date will be July 1st. I just accepted a job offer, starting date Jun...

    David’s Answer

    Judge's don't like extending emergency orders of protection indefinitely. The statute does allows continuances per section 213(b) BUT good cause must be shown. Now how that works depends on who your judge is, we have 32 domestic relations judges in Cook County, about 8 or 9 in Will, and I believe about the same number in DuPage. It's taken me about 5 years to learn all the different things each judge does in certain circumstances.

    That said, when in doubt, follow the statute. And again, the statute allows continuances upon a showing of "good cause." Generally that means the person files their motion NOW (Or if they don't know how, they hire a a lawyer who does) and get a court date BEFORE the 1st to ask for another date. Usually when that happens (usually) it will be granted - but your second problem is that the judge will require another hearing date. So at some point in time, work will have to know unless your lawyer can cut a deal in advance (which is also possible).

    Talk to a family law attorney in your area for specific guidance.

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  • How do i properly file and serve a subpoena for my sons mothers med records for our court hearing?

    Looking to get her med records to prove some things and judge just told me to make sure its done properly. I didnt know if i serve them with it or not and how to actually fill it out and where the records need to be sent to. Thanks in advance.

    David’s Answer

    Gary's 110% correct, you have to get leave of court first to do that under statute. So it's not like you're asking for bank records where leave of court isn't required. I've done it once, and it's a bear to have granted. Witout a specific court order, your subpoena will be ignored. Talk to a family law attorney in the county the case is pending in for specific guidance.

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  • Can I get an order for child support now?

    A couple years ago my ex and I agreed to a custody arrangement and it was split nearly 50-50, I did not need child-support at that time but now because he will not stick to the agreement and my son is with me most of the time and we have deviated...

    David’s Answer

    In addition to the fine answers by the attorney's here, I'll add that the State's Attorney or Attorney General (Depending on what county you're in) will help @ no cost.

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  • My Ex is making it difficult to see and have a relationship with my sons. She wants to just collect money and not let me visit

    i was wrongly convicted of domestic battery,not against my sons mom but my EX, and my sons mom then became friends with her and tells my children whatever inane thought that comes to her from my ex however untrue it may be. I went camping with my ...

    David’s Answer

    Not sure what the issue is here. If there's a valid order with specific parenting time that she's not allowing you to have, then you can consider filing a petition for rule to show cause or in the alternative, petition for the finding of visitation interference under 607.1.

    The safer option is to talk to a family law attorney in your area for specific guidance.

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  • How do you go about submitting an agreed modification to Joint Parenting Agreement? Is there a way to mail this into the court?

    My husband took a new job out of state, and we have since moved. His Ex agreed to the move, they both agree that support will go up, and that visitation guidelines will be different. They have an Agreed Order wrote up, and have both signed it. My ...

    David’s Answer

    Someone has to motion it up and physically appear to have it entered - be it the parties or counsel. Will County is not different. Talk to a family law attorney in your area for specific guidance.

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  • Split the debt???

    Me Ex defaulted on a car loan (that he told me he refinanced and got my name off of). Car was repossessed And sold they are now coming after me for loan (as well as him). I called the attorney handling the case to see if they would split the deb...

    David’s Answer

    You'd probably have to go after your ex for breach of contract, facts depending. Talk to a small claims attorney in your area for specific gudiance. (I'm presuming you mean ex boy/girlfriend and not former spouse, which would change my answer a bit)

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  • What do I need to get full custody of my daughter?

    I want full custody of my daughter since her mother cannot give her the full care and attention she needs. She already has 3 other kids and she does not care for her 2 year old

    David’s Answer

    If there's no custody judgment, but mom has been the caretaker for the last 6 months, she's presumed to be the custodial parent. If there's been a custody judgment, then you must satisfy the prerequisites of 750 ILCS 5/610a or b (Depending how much time has passed).

    Talk to a family law attorney in your area for specific guidance.

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  • I have to leave before I go insane

    My wife divorced me about three months ago. And as part of the agreement, I was to leave our home and continue paying the mortgage. But I remained in our home after the divorce. My ex wife's cruel and abusive nature is wearing thin on my already f...

    David’s Answer

    Never agree to terms you can't do. But that's water under bridge. If it was ordered and you don't pay, you can be held in contempt of court. That could mean jail until such time as you comply.

    Before you open pandora's box, talk to a family law attorney in your area for specific guidace.

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  • I filed for divorce..there is no custody agreement yet..can I take my son and move out of the mairital residence?

    The divorce was filed in December 2014

    David’s Answer

    If you have your ex's permission, (I'd suggest in writing), then yes. If not, then you can move, but your son CAN'T w/o a judge allowing it. Doing something w.o the judge's permission turns a $ divorce turn into a $$$$$$$$ divorce. So be careful.

    Section 501 of the IMDMA lists SOME (but not all) of the temporary measures you can ask the court to do for you during a divorce. Talk to a family law attorney in your area for specific guidance.

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