QUESTION

I allowed someone to handle my divorce who lied about having an experienced divorce attorney working with him. What can I do .

Asked on Dec 29th, 2011 on Family Law - Illinois
More details to this question:
I am sending this for my daughter who has asked me to assist her. My lawyer never once mentioned that my ex has missed over 25% of his visits. Often neglects to feed the children on a visit that last from 4-8. Failed to provide court ordered transportation for visits and does nothing for his children. He pays no child support, did not buy birthday presents or Christmas presents. I have tried to work with him even allowing extended time on Thanksgiving. Still I am forced to remain in Illinois, living on welfare because he wont pay support and I can''t find a full time job. I have no family support and have requested to move to San Antonio to be near my family. How do I go about finding someone who will represent me and my childrens best interests in court. I can''t afford to pay. My present attoroney even advised me to miss hearings that would have given my ex full custody of my kids. Currently I have sole custody and he has visitation on M & Th from 4 to 8.
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1 ANSWER

You raise many issues in the email. First, you have an attorney that is representing you.  That is the starting point. From the email, it is clear that you have issues with the quality of that representation and there are some trust issues.  You can fire an attorney at any time.  This is your right.  However, the person with the best knowledge of your case, is that attorney.  An appointment to review the status of matters and to secure answers to your questions would be the first step.  These problems may be as simple as an issue of lack of communication/understanding between you and your attorney. It may also be that the answers are not acceptable and you elect to terminate that relationship.  New counsel can be obtained through your local bar association as it would most likely have a lawyer's referral program.  There may also be a pro bono project where you could find an attorney that would represent without fee.  Also, since many of your complaints focus on the monies owed, there are two other options.  Both local state attorney's offices and the Illinois Department of Public Aid (through the Attorney General's office) prosecute non-support claims.  These are free legal services and you can contact the office in your area and may even be able to conduct a telephone appointment. Finally, removal issues and guidelines vary from county to county in Illinois.  These cases tend to be very fact specific and can also be expensive to litigate.  As a result, a thorough understanding of the local burden of proof and how your situation stacks up to that burden of proof is needed.  To truly address any attempt to relocate, you would definitely need to find an experienced attorney that deals with attempts of custodial parents seeking to relocated to another state.  
Answered on Dec 30th, 2011 at 1:58 PM

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