Skip to main content
David Matthew Gotzh
Avvo
Pro

David Gotzh’s Answers

4,598 total


  • Im a father of two children 2 year old and 3 year old recently separated can the mother move out of state

    I have a domestic battery against me but just completed 26 weeks of domestic classes and finished 1 year of probation we live in Illinois

    David’s Answer

    Depends, has parentage been established? Are there any prior orders of support/parenting time out there (Which is a defacto parentage finding)? Is there a custody judgment out there that addresses removal? We'd need specifics in order to point you in the right direction.

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

    See question 
  • What can be done when the petetioner and atty will not respond or communicate unless the court is directly involved?

    Respondant is pro se. Paternity case has exceeded 18 months, petetioner nor attorney will not communicate or state wishes on custody, support or visitation. What can be done legally to force the petetioner to identify what is sought. Is it possib...

    David’s Answer

    Kankakee is a funny place for a variety of reasons, I won't get into specifics here. What I will say is this: a) DO YOU HAVE A CUSTODY PETITION ON FILE, b) if so, HAVE YOU MOVED TO SET A TRIAL DATE, and c) if not, DO SO. If you have nothing on file, it should come as no surprise that nothing is being done.

    Better option, talk to a family law attorney in your area for specific guidance.

    See question 
  • Do I have a case against Dcfs?

    A dcfs agent came to our home stating there was a order stating me and my wife couldn't be together and because we were they had to take the children. She had no paperwork, no order, nothing and their were four kids taken. Twins which went with gr...

    David’s Answer

    DCFS can't force anyone to file for divorce or an OP - Mom has to voluntarily go to court, testify under oath, file pleadings, etc - not DCFS. I'm not sure what happened (as your question doesn't contain sufficient facts) to make you think they were driving the train since day one on those two issues.

    In regards to whatever started this, you can request DCFS records from Springfield that involve you specifically. If there was a finding of some kind (5 or 30 years), it'll be there.

    In regards to options, it sounds like whatever happened, happened months (or years) ago. If that's the case, your options may have been waived by your inaction. You'll need to talk to a family law attorney in your area, however, to know for certain what your options are.

    See question 
  • Will County - Failure to "respond or otherwise plead" - civil procedure

    To keep it simiple: I filed a complaint in civil court and the matter was set for hearing. The defendant asked for, and was given (via signed order) "28 days to respond or otherwise plead". 28 days have now elapsed and I have not receiv...

    David’s Answer

    Theoretically one can move for a finding (interlocatory) of default for failure to plead or otherwise respond. Those are rare; of the 5 I've done in the last 6 years, I've only had 1 granted. You can move, if appropriate, for the pleadings to be made into judicial admission - however the statute (and most judges will) still require you to back up the pleadings with evidence.

    Talk to a civil practice attorney in your area for specific guidance.

    See question 
  • My ex believes he can take our daughter on vacation regardless of her or my wishes. Can he take her with out my permission?

    He hasn't helped financially in almost 6yrs, he does not have a strong healthy relationship established with our daughter he wants to make her go, I explained to her what awaits over in Miami she doesn't care she's crying to me that she doesn't wa...

    David’s Answer

    Is this a divorce case or parentage case? Has paternity even been established? Is there even a custody judgment? Your options are 100% dependent on the answer to the above to questions.

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

    See question 
  • I'm acting Pro Se. Opposing counsel says they can not exchange emails or leave voice mail messages for me. In Cook County.

    It's a collection issue. They said it's some type of rule, but won't tell me what it is. Implied I haven't filed something, but I have formally filed my appearance. I think they are just making it up.

    David’s Answer

    I never email or talk to pro se people over the phone - I prefer letters only. Most of it is to prevent allegations of misconduct by the pro se (you) against the other attorney (me). Pro se people often accuse attorney's of doing this or that, but when it's kept in writing, the records generally don't lie - and complaints generally get no where are a result. So that may be the reason, but who knows.

    See question 
  • My ex- husband filed abandonment in order to get a divorce granted but had means to contact me. Is this legal?

    My ex-husband and I had a long distant marriage due to our job situation. Our home is in Chicago and I worked in California but would fly home on weekends. He works for the airlines so we could afford to do this. As a lot of marriages in this situ...

    David’s Answer

    If it was a publication divorce, then generally (if no kids) all issues are reserved except the divorce. With that said, what do you hope to get out of contesting the divorce? Logically, if he wants to be divorced, the judge won't force him to stay married to you. If there were no assets he wants claim to, or debts, then is there any point spending thousands re-opening the case?

    Now if there were a lot of issues left unresolved (Or somehow they're claiming they did serve you and they have personal jurisdiction), then the law generally requires you show due diligence and take immediate action. If this is something that happened months/years ago, you may already be out of luck - facts depending.

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

    See question 
  • Is there public defenders for custody cases? how do i go about getting represented if i am poor? I have a sad situation and i am

    Im unmarried father of 2 great kids who deserve so much better. I have been caring for them practically as a single parent for well over a year...but on paper it doesnt show. there is no order in place in Il. There is a preliminary hearing coming ...

    David’s Answer

    Contact Land of Lincoln Legal Aid, they service all counties south of Springfield.

    See question 
  • How do you discover asset when you already have an motion to discover asset, how can you find out where someone work

    I need to know where I start to find out if a person is working because I am in a small claims court trying to get money old to me

    David’s Answer

    Collection, especially @ the Daley Center, is more art than science. The citations, unless otherwise ordered by the original hearing judge, are done in front of another judge. Collection procedures and law are very very nuanced, but the judge will expect you to know them cold when you appear. As other's have said, generally you have a 3rd party citation, a citation to discover assets, a wage garnishment, and a non-wage garnishment - among other things that can be filed.

    Talk to a collections attorney in your area for specific guidance.

    See question 
  • Do I have the right to tell my husbands job, that he is having affair and using corporate money and housing to pay for it?

    Husband has been affair with bar manager for 8mths. He works in Chicago 5 days a week and use his corporate apartment as his home. Her and her son stay their about 50% of the time. She works at the bar by his apartment. My husband is a account exe...

    David’s Answer

    And how would this make things better for you? Perhaps air this out with a family law attorney first before you put the marital estate in the poorhouse?

    See question