Legal Question in Family Law in Illinois

My ex boyfriend and I have a previous court order concerning visitation rights and child support. We both hired lawyers, went to mediation, and got everything signed and legal. Now a year later, he is taking me back to court to modify his visitation. He says he has due cause since his work hours are different and he can no longer take her on the court ordered days. This is all fine with me, and I have actually already allowed him to have her on the days that work for him, however, he still is going through with the court date.

The thing is I absolutely cannot afford a new lawyer to deal with this modification. I agree with what he wants (concerning the change in days, not the extra time he is asking), but I have to show up to court alone. I have no idea what to expect in court, no knowledge of what I should be doing, or anything. So I plan to just show up and sit there until I guess someone speaks to me. His lawyer has refused to discuss anything about it with me, even though I made it known that I will be there without an attorney, thus representing myself.

He has also threatened to ask for more time with her, but he has her every other weekend and we share holidays, so I'm not sure how much more time he wishes to have and I am NOT okay with increasing his visitation days. So that makes me nervous, because I fear if I don't show up, he will ask for new things and I won't be there to defend myself against them.

I guess my real question is this: Should I show up at all? What happens if I don't? What exactly will happen during this court date? Can he change what he is asking for if I don't show up and get it? Will I speak with his lawyer, or the judge?

I don't know anything about family law, and I am pretty nervous. I feel like this isn't fair since we already settled all of this. Any advice?


Asked on 10/20/13, 8:38 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Yes, you should show up and ask the Judge for a continuance in order to hire an attorney. Then do whatever it takes to hire an attorney. How important is your child's life to you? If you don't show up, or if you proceed without an attorney, the other side will get whatever he asks for whether or not it is in the child's best interest. Find a way to hire an attorney!

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Answered on 11/03/13, 5:54 pm


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