Today, I filed my petition for visitation and sent out the summons, so now I need to make a visitation schedule and present it to the judge in about 30 days.

My question has to do with the hearing itself and what I might have to face. I live in Illinois and have two previous marijuana charges, and a domestic battery charge that the mother filed in anger and am scared that the charges might have a significant impact on what I'm requesting.

I'm just wondering if anyone has any opinions. A lawyer is out of the question, I filed as an indigent person, so obviously I can't afford one. Also, she had an order of protection on me when she pressed the domestic on me, but dropped it because I'm obviosly not a threat to her.

I'm anxious to hear any thoughts, and thank you in advance for the help.

Also I'm not 100% sure, but I think she might have a lawyer, probably the same one from the order of protection case.

If you go into a court battle against someone represented by counsel and you are pro se, you start with 2 strikes against you. With a record of drug use and violence, you are fighting an uphill battle.

You need to prove to the court that you are a loving and supportive father and not a danger to the child. That will not be easy, but its still worth the effort to try.

And how do I do that besides actually talking to the judge? Ive been paying child support since she was born, but only have a handful of recipts to prove it because sometimes she'd flat out refuse to sign them or id forget. Ive only seen my daughter about 12 times since she was born last August and only for an hour at a time, so isn't my attempt to gain a relationship with my daughter sowe that I'm loving enough? Is there a way I can get text records? Cause she's always been , excuse my language, a ***** to me. They would also show how much I've tried to see her right?

First, Is the support court ordered? Why not pay by check or money order or pay through the local child support agency? Then you wouldn't have to worry about her giving you a receipt.

You should have been keeping a journal of each contact and attempt at contact.

You can call character witnesses. You can try subpoenaing phone records, but don't you keep them on your phone?

Is there a law school in your area? Many have clinics that can help you prepare your case.

The child support was between us, I was naïve and thought we could handle these things out of court, but obviously I was wrong. Same goes for the journal I should kept.

How would I go about getting a subpoena for the texts? I do have write a few on my phone but realise this had been going on for a year, I've also switched phone companies since then. Would it be possible to get both companies' records?

Unfortunately I don't haber any law schools nearby, the closest ones are in chicago and itd be difficult to get to one.

As far as character witnesses, I have plenty of people who could vouch that I've done nothing but try to make things work with her/pay child support/be there for my daughter. Any suggestions as to what questions I might ask?

Sorry for all the questions, I've only got a basic idea of what to do. I personally don't think I'm asking for much in court, two mornings durimg the week and every other weekend. I would think that's reasonable for now.

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Originally Posted by brokenalone

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My question has to do with the hearing itself and what I might have to face. ...

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No two hearings are alike, but one idea would be to check the judge's docket and see if he/she has a similar hearing in another case. It might be good to sit in and watch that hearing, to get an idea how they play out.

That's a good idea, I'm waiting on her response to the petition so I can request a hearing, then when I get that I'll get the judges name and sit in.

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Originally Posted by brokenalone

That's a good idea, I'm waiting on her response to the petition so I can request a hearing, then when I get that I'll get the judges name and sit in.

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You should already have a date. That is what the summons is for. Its to serve notice to appear.

Really? I didn't se a date on there, I was tools to send a copy if my petition to her with the summons, maybe its on there, but I think they checked the box that said ' your required to file a response to this petition within 30 days of receiving the summons, failure to do so will result in.. Something, I don't quite remember. Its at home so I'll look later, but I was also told to wait and if she doesn't file a response I have to request a hearing myself.

I don't know, did I miss something or what? How will I know if she files a response or not?

I'm sorry, this is all new to me, I'm basically shooting in the dark here, but I have no choice...

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Originally Posted by califdadof3

You should already have a date. That is what the summons is for. Its to serve notice to appear.

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I don't think so. It appears that OP has filed a new petition, not a motion pertaining to an old case. If a hearing has been scheduled he should send the other party a notice of the hearing.

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Originally Posted by brokenalone

... I was tools to send a copy if my petition to her with the summons, maybe its on there, but I think they checked the box that said ' your required to file a response to this petition within 30 days of recieving the summons, failure to do so will result in.. Something, I don't quite remember. ...

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"... will result in an entry of default against the defendant." (or words to that effect).

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Originally Posted by brokenalone

... I don't know, did I miss something or what? How will I know if she files a response or not?
...

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No, I don't think you missed something. If she files a response, she has to send you a copy. When that happens, you arrange to schedlue a hearing.

If she doesn't respond in a timely manner, you should apply for an entry of default.

Here is a place that seems to have some good resources where you can do a little research.

Ref:

Illinois Pro Bono | Legal Resources: Family Law