Skip to main content

I have a motion hearing for petition of removal

Chicago, IL |

Next week I have a motion for petition of removal, how should I prepare for this. My children have not seen their father in over a month, he called on April 26th to say he was turning himself in for a warrant, but I found out from the probation office that he hasn't and his warrant is still active online. Should I use this information to my advantage or is this a bad move. I'm just trying to better the life of my children, especially my middle one which is a chronic asthmatic, I've missed countless days of work, during the winter times and this move will be best for all of us. I have no idea where my ex-husband is, and he is behind on child support, can anyone help me....Thank you

I am doing this on my own, no lawyer, and the Judge has already waived my court fees.

Attorney Answers 5

  1. Best answer

    First, try contact Legal Aid, such as Cabrini Green Legal Aid. Removal is fact specific, and there's little that an online forum can assist with. Read 750 ILCS 5/609 (The removal statute) to see what the court is required to look at, and weigh that against the specific facts of your case.

    Again, call every legal aid in the area to see if anyone can help you first before handling this on your own. God speed.

  2. Removal is a complicated legal process which you should not attempt without help. The fact that you do not know where your ex is may make things a little easier for you, but if you have not properly served him by publication, your motion will probably be continued or denied outright with instructions to serve your ex. You really need to discuss your case with an experienced attorney ASAP. Contact your local legal aid office or law school clinic if you qualify for free services.

  3. You are in over your head. No court will allow you to remove the children unless he is served with the Petition.
    Some of the informaton you reported is helpful but it is not enough for a removal. Try Illinois Legal Aid Online which will help yuo with forms and locating Legal Aid officed and Legal Clinics.

  4. Go in person and talk to an attorney. Hr probably would not object since you don't know where he is. An attorney will help you analyze the situation

  5. You should look at the case entitled In Re the Marriage of Eckert (119 Ill. 2d 316). This case discussed removal of a minor child in great detail and set out a number of factors that the Court should be considering when making its decision. The more arguments you can present to the Court that are in line with the factors presented in the Eckert case, the stronger your case will be. There is another case, In Re the Marraige of Collingbourne, that is more recent and expands upon the Eckert factors, so you should read this case, as well.

    If you have any other questions, you should consult with Legal Aid or request a consultation with an attorney prior to your Court appearance.

Child custody topics

Top tips from attorneys

What others are asking

An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics