two years ago i petitioned the court for permission to move out of state with my minor child. my ex husband contested this move and won, however, since that time my son have reached the age of consent (12 in illinois) and is now demanding that he not be sent to his fathers house for visitations. my exhusband has also stopped paying child support alltogether, and now i would like to re-petition the courts for permission to move. i cannot afford a lawyer, but my exhusband can. i was wondering what kinds of petitions i should file pertaining to this case. i want to move, amend the visitation orders, show cause as to why he is not paying his child support, and allow my son to speak to the judge on his own behalf. any help would be greatly appreciated. thank you!
1 Answer from Attorneys
There is no such thing as "the age of consent." I saw a judge order a 17 years old to visit her father. If hew is not paying support you can get a free attorney. contact the States Attorneys office.
If you lost the removal, what has changed which would justify removal at this time. Your son not wishing to visit becomes highly suspect in light of the litigation history. The judge does not have to speak to the child. If you want to pay for the child to have a lawyer, it might improve, but you lost the first bite of the apple, and may not get a second bite.