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In a request for admissions/ interrogations, may I ask Mother about her boyfriend? For instance criminal history?Have I time?

Chicago, IL |

I'm trying to show the judge that she allows a person with multiple convictions for robbing senior citizens causing bodily harm , has a domestic violence conviction , heroin arrests etc . I will be getting his record from the state , but I don't know if it will help my visitation petition . Her lawyer cooked me in a deposition , where im accused of hitting mom , although i never did , he got me to say it was possible . I have no history of violence , but no lawyer either . I'm as uncomfortable with her boyfriend as Mom is with me . Also , we have been heard and I have a temp . sup . vis . order . I'm I passed discovery phase ?

(Am I passed) dicovery phase? Im thinking of amending petition a second time to include that info. I also want her to admit in admissions that she has been living with this guy since 2009 for grounds to teminate child support. Will terminating child support adversly affect my visitation petition? They both have jobs and my trade is slow, i cant quite make the payments now, but will catch up this summer? Will that be used against me at the visitaion hearing? I'm prepared to say Adam Lanza's mom (sandy hook) got 300k a year , did that make her a good mother?

Attorney Answers 2

Posted

Your legal losses evidence that you are in desperate need of representation. Going against a seasoned attorney, the deck is stacked against you.

You may ask whatever is relevant or is likely to lead to relevant evidence. Once again, this needs to be skillfully drafted; but you need such evidence if you have any chance to prevail.

Now, if things are done correctly, you have an excellent chance to win on your visitation petition. By law, you are "entitled" to "reasonable visitation."

As for the boyfriend, the key would be to demonstrate to the judge that his bad acts directly impact the child. You need a carefully crafted game plan. Otherwise, you will walk away with little to nothing to show for your effort.

Consult a qualified attorney immediately.

The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.

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Luke D. Kazmar

Luke D. Kazmar

Posted

As for discovery, that is controlled by a case management order that I suspect might have been entered by now. If it has not, you are still in the game.

Asker

Posted

I had a temporary supervisied visit for xmas, now supervised visits every sunday alternating homes. He has not filed a response yet, although a copy of my deposition was tendered to the judge. Are those two orders "case management"?

Luke D. Kazmar

Luke D. Kazmar

Posted

No. Case Management provides deadlines for the case. As for the failure to file response, a motion for default should be filed.

Luke D. Kazmar

Luke D. Kazmar

Posted

Once again, I encourage you to retain counsel. You are making a lot of mistakes--you may be very intelligent, but these matters require specialists.

Asker

Posted

I motioned for default and he got more time, because he subpeonad mental health records, which is a waste of time to me, Because thats no grounds for termination of rights and I already told them everything in the deposition. I tried to quash being that he filed nothing yet, but was over ruled being that judge had deposition, so I asked him to abate it, but hes wants to see them.

Luke D. Kazmar

Luke D. Kazmar

Posted

To tie this up, the only way you will get a proper answer is an extended consultation with an attorney and by providing the case file you have accumulated.

Asker

Posted

I like your style , If I come up with money soon I will contact you, thank for taking the time to answer. But the case is at Daley Center, is that too far, if I need to depodition her, caould she be required to travel to your office?

Asker

Posted

(sorry about the misspelling)

Luke D. Kazmar

Luke D. Kazmar

Posted

not too far- plus we have offices downtown as well . no need to thank me--was glad to help.

Posted

If you are looking for 216 Requests to Admit, they will not be especially helpful to you. As for interrogations, those are what the police do with suspect. You are looking for marital interrogatories and custody interrogatories. Samples can be found in any law library. The problem that you have is that you are pro se and your case is very complicated. You petition is for visitation. Showing the judge that your (ex wife? former girlfriend? mother of your child?) allows unsavory personas around your child(ren) does not help your visitation case. First of all, you have not mentioned that this allegedly horrible person poses any danger to your child(ren). Second, that person has no relevance to your seeking time with your child(ren). Please bite the bullet and hire a lawyer. You are in so far over your head that you run the risk of harming your own case. Best wishes to you.

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Asker

Posted

Thank you! I wish I could retain one with the promise to pay in a year or to do paintwork. I cant afford one.

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