Monday, November 16, 2009

Do i need legal assistance?

my girlfriend is being taken 2 court by her son's father simply because he doesnt want 2 pay child support anymore. He is with his father alot mainly because he attends school where his father lives due 2 it being a better school district than the mom lives in. The father recently had her served seeking primary custody %26amp; child support. She recently completed school %26amp; has a career as a healthcare professional %26amp; she also has a house and able to provide %26amp; take care of her son also. I would like 2 know if this case has teeth %26amp; should she be concerned about him receiving full custody %26amp; if legal representation is necessary. We reside in the state of Illinois.

Do i need legal assistance?
Yes, you will need all the help you can get!!
Reply:He has at least a right to shared custody. Up to the court to decide if he willl give primary support to the father; if she wants custody, she needs an atty.
Reply:Do you need legal assisatnce? No. Your girlfirend certainly does though. She is being taken to court and sued. This is very serious. Without proper legal help, she may lose the child AND have to pay the husband child support. It sounds like she already has an uphill battle. If the child has been living with the husband, she is going to be hard pressed to justify why she is getting support and not the other way around. The ex has a case. If he is taking care of the kid, she should be paying him. This will happen if she doesn't get a lawyer to work on her behalf. this is not a do it yourself project.
Reply:Yes she should be concerned, if the reason the kid is staying with his father most of the time is because of a better school, that spells trouble right there. Yes this case does have teeth and yes it would be wise to get legal counsel, unless you or she thinks they can stand on their own 2 feet in Court!! The child might have a say with who he wants to live with, boys like to be with their dad!!
Reply:If she cares about retaining custody, then yes she should hire a lawyer. the point of the motion is probably to seek joint custody. if the child is living with the dad, then the dad wants to support the child directly by providing food, clothing and shelter. If mom is not supporting the child, then mom does not need child support.
Reply:The father of her child would need to prove that she is an unfit parent in order to get full custody of her son but she needs to get a family law attorney ASAP because they will know all the laws and all her parental rights in your state. Good luck
Reply:She needs a lawyer. Your question was whether you do. I do not see why you would. This appears to be between her, the father, and the child. Are you even involved, or just hearing about it?

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