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What is the next step in an out of state removal case?

Carterville, IL |

I filed a petition for removal in IL. The 30 days is almost up after my ex was served and I have not heard anything. If he does not respond, what is the next step I need to take in order to move? Do I request to see a judge and seek a default judgment? I do not have an attorney and am not certain how to proceed.

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Attorney answers 3

Posted

Your next step is to hire a lawyer. You should have done that already. Unless you know the burden for justifying a removal, you are in trouble unless your ex simply fails to participate in the case. Removal cases are not easy. Why would you risk doing this yourself?

Posted

would you try surgery on your son step by step by asking questions of an on line service? this is somewhat analogous.

if no response is filed, do a motion for order of default. give notice. set a court date. if the resp. shows, she or he will be given time to respond. if a response is filed, then do a motion to set a trial date. the judge may appoint a lawyer for the child, or a guardian to investigate, or a 604 advisor to report.

read eckert and collingbourne ill. sup. ct. cases on what you must prove at the trial.

good luck.

Posted

You really should hire an attorney. Removal cases are very tough to prove. If he does fail to appear, you can request a default judgment - just make sure he was properly served with the petition. Even if you obtain a default judgment, your ex can request that it be vacated within 30 days.

Nothing in this post creates an attorney-client relationship. This post is not meant to serve as legal advice.

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