Can this be heard as an Emergency notice for visitation modification, vacation, I'm not sure?

My husband and attorney was successful in getting my visitation taken because he alleged that I was not returning our new born after visits, but he refused to take the child back. His attorney has died three weeks ago and he has just now asking for 21 day to have an attorney file an appearance. He got this order done while I was not in court and I had no notice. Can I be allowed by the judge to hold an emergency hearing based on the fact that bonding time is important and I have already missed 45 days of time based on a lie? And this is not in the best interest of the child even if he doesn't have an attorney, because neither do I.

Chicago, IL -

Attorney Answers (3)

Judy A. Goldstein

Judy A. Goldstein

Child Custody Lawyer - Mokena, IL
Answered

If your matter is deemed an emergency, it can be heard on the spot. However, you need to provide notice to your husband. If you do not, you will certainly receive a new hearing date. You might get a new hearing date in any event., depending upon the court docket, your allegations, etc. The fact that your husband has asked for time to get an attorney might be your downfall. Your husband - is entitled - as you are - to have an attorney. The court might put off any hearnig until then, regardless of the nature of your motion.

Gary L. Schlesinger

Gary L. Schlesinger

Child Custody Lawyer - Libertyville, IL
Answered

get a copy of the entire court file from the court clerk. take it to a lawyer for real advice. we cannot help you much here.

you could notice an emergency motion for visits. this is not an easy thing to do without a lawyer.

Barry Cahn Boykin

Barry Cahn Boykin

Family Law Attorney - Chicago, IL
Answered

I agree with other counsel. At a minimum you should seek advice and consultation and there are several free advice desks such as CARPLS Legal Aid hotline call 312-738-9200

CARPLS.ORG

The information provided here should not be construed to be formal legal advice. The provision of this general... more

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