I have a court order from Illinois stating that my son's father is to have 2 week visitation during the summer. My son 14, has not seen his father in 3 years. The court order states the father is to furnish airfare with me to reimburse 1/2 in 21 days. I never received airline tickets for visitation but received a petition in the mail today from my attorney stamped received 8/8/06 which was filed on 7/27. It is a rule to show cause to have me held in contempt for not complying with visitation order. As I said, I never received any tickets to send son. His attorney was me in jail, pay his legal fees, and hand deliver my son to his father. school starts next week. My attorney is frustrated with all of this and wants to withdraw from my case. I can't fly to Illinois to fight this, I don't have any money at all. I can't miss work either. What can I do?

I have a court order from Illinois stating that my son's father is to have 2 week visitation during the summer. My son 14, has not seen his father in 3 years. The court order states the father is to furnish airfare with me to reimburse 1/2 in 21 days. I never received airline tickets for visitation but received a petition in the mail today from my attorney stamped received 8/8/06 which was filed on 7/27. It is a rule to show cause to have me held in contempt for not complying with visitation order. As I said, I never received any tickets to send son. His attorney was me in jail, pay his legal fees, and hand deliver my son to his father. school starts next week. My attorney is frustrated with all of this and wants to withdraw from my case. I can't fly to Illinois to fight this, I don't have any money at all. I can't miss work either. What can I do?

If you don't show up or at least have an attorney show up to represent you in court, there is a 100% chance that you WILL lose. Your best option is to have your attorney ask for a 30 day continuance to give you a chance to prepare an adequate defense. If Illinois has jurisdiction, you will HAVE to address the matter, if you just ignore it, you won't like the outcome.

yes, I know this that is why I emailed here for advice. My attorney does not want to represent me anymore now that I am in Arizona. I am sick about his and have no sleep since getting this letter in the mail. I don't know what to do.

If you are paying him, there is no reason why he couldn't finish out this case for you, regardless of where you live. Usually when an attorney doesn't want to represent any more it is due to the client being difficult, or non payment. I would talk to him immediately, and ask for a continuence. Your ex is claiming that you haven't complied, but if the order says that he is to send you the tickets, and you state that he never sent them, then he should be made to show proof (credit card statements, receipts, or something from the airline) that he actually purchased the tickets. If he can't produce this, then his case should be without merit. I would speak to your attorney and work something out, or ask him to recommend someone else. If you don't find a way to take care of this, you will lose, and it will get real ugly. Good luck and let us know how it turns out!!

yes, I know this that is why I emailed here for advice. My attorney does not want to represent me anymore now that I am in Arizona. I am sick about his and have no sleep since getting this letter in the mail. I don't know what to do.

Then you need to find another attorney or find a way to get to Illinois. If your attorney is not willing to deal with a simple matter such as this, then there must be something that you have chosen to leave out of your story. Without ALL of the pertinent information, no one HERE can be of much help either.

Lawyers CAN'T just up and quit. He will need the court's permission to withdraw from your case if the only problem is that he is "frustrated" by a filing that has no merit.

I have left nothing out of my story. I am sorry you feel that way. I have relocated to Arizona, and my attorney told me that I knew this was coming and that "you are the one that chose to take the kid out of state." Exact words. Yes, I did, but I had a court order to do so. He says that I did not comply with visitation court order and he wishes to withdraw as counsel. I never received tickets or communication from my son's father regarding this matter.

Then you need to tell him again, that you were not in contempt, that you never got the tickets, which, DUH, is why you are calling him so that you can fight it. Tell him that your ex is full of crap and that he can't provide proof to back up his story. He has to petition the court to be removed from your case, and he needs a good reason as to do so. You had every right to take your child out of state if you had an order, and he should know that. Maybe ask him to take care of this, ask the ex for the proof, and then you can end your working relationship with him. It is going to be all in how you broach the subject with him, and what you say. And by the way, no one is doubting you, but Ceara and I both have quite a bit of knowledge, and know that an attorney doesn't usually, and can't legally just walk out on a client. They have to show cause as to why.

my attorney states in his letter, :I am reluctant to continue representing you in this matter. It seems as though I cannot satisfy your expectations. Almost everything we talked about in the last several phone conversations were basically matters that were before the court when you were requesting leave to remove the child from the state. The judge made it clear that he would not enter an order that did not provide for visitation. My recommendation to you, was to follow court order and have *** ready for his trip back to Illinois, and if he refused to board the plane then there was not too much more you could do. Unless we can come to some sort of arrangement on this, and I am not sure what it would be, I don't think I have any alternative other than to file a Petition to Withdraw as your counsel."

That is the entire letter from my attorney. I did not receive any notice from father regarding airline tickets, or anything. So how could I have him ready to go? My son has not seen his father in 3 years, he told me he would not visit with him, that he would rather go to a detention home (threatened by his father if he did not visit), than spend time with him. Now his father is suiing me for visitation that I don't know how I violated. I am truly at a loss with this. I know of no pro bono attorneys that can help me. I have been all over the internet looking for help. I do not have the money to purchase airfare to fly home, and if I do, I will lose my job as a registered nurse. I will lose my home, we will have to move back to Illinois. How can this be happening?

Then you need to tell him again, that you were not in contempt, that you never got the tickets, which, DUH, is why you are calling him so that you can fight it. Tell him that your ex is full of crap and that he can't provide proof to back up his story. He has to petition the court to be removed from your case, and he needs a good reason as to do so. You had every right to take your child out of state if you had an order, and he should know that. Maybe ask him to take care of this, ask the ex for the proof, and then you can end your working relationship with him. It is going to be all in how you broach the subject with him, and what you say. And by the way, no one is doubting you, but Ceara and I both have quite a bit of knowledge, and know that an attorney doesn't usually, and can't legally just walk out on a client. They have to show cause as to why.

I'm thinking the attorney's may have talked, and her attorney showed whatever proof dad does have and now her attorney is frustrated because he is going to have to go in there and lose.....OP if dad has proof he bought the tickets then you are very likely to lose, are you sure there is nothing you are not telling because we can't advise you with out the actual facts of the matter

my attorney states in his letter, :I am reluctant to continue representing you in this matter. It seems as though I cannot satisfy your expectations. Almost everything we talked about in the last several phone conversations were basically matters that were before the court when you were requesting leave to remove the child from the state. The judge made it clear that he would not enter an order that did not provide for visitation. My recommendation to you, was to follow court order and have *** ready for his trip back to Illinois, and if he refused to board the plane then there was not too much more you could do. Unless we can come to some sort of arrangement on this, and I am not sure what it would be, I don't think I have any alternative other than to file a Petition to Withdraw as your counsel."

That is the entire letter from my attorney. I did not receive any notice from father regarding airline tickets, or anything. So how could I have him ready to go? My son has not seen his father in 3 years, he told me he would not visit with him, that he would rather go to a detention home (threatened by his father if he did not visit), than spend time with him. Now his father is suiing me for visitation that I don't know how I violated. I am truly at a loss with this. I know of no pro bono attorneys that can help me. I have been all over the internet looking for help. I do not have the money to purchase airfare to fly home, and if I do, I will lose my job as a registered nurse. I will lose my home, we will have to move back to Illinois. How can this be happening?


so it never occurred to you as the date of visitation neared to phone dad and ask what the plans were? of course you are not legally obligated to but could have saved this whole mess too

my attorney states in his letter, :I am reluctant to continue representing you in this matter. It seems as though I cannot satisfy your expectations. Almost everything we talked about in the last several phone conversations were basically matters that were before the court when you were requesting leave to remove the child from the state. The judge made it clear that he would not enter an order that did not provide for visitation. My recommendation to you, was to follow court order and have *** ready for his trip back to Illinois, and if he refused to board the plane then there was not too much more you could do. Unless we can come to some sort of arrangement on this, and I am not sure what it would be, I don't think I have any alternative other than to file a Petition to Withdraw as your counsel."

That is the entire letter from my attorney. I did not receive any notice from father regarding airline tickets, or anything. So how could I have him ready to go? My son has not seen his father in 3 years, he told me he would not visit with him, that he would rather go to a detention home (threatened by his father if he did not visit), than spend time with him. Now his father is suiing me for visitation that I don't know how I violated. I am truly at a loss with this. I know of no pro bono attorneys that can help me. I have been all over the internet looking for help. I do not have the money to purchase airfare to fly home, and if I do, I will lose my job as a registered nurse. I will lose my home, we will have to move back to Illinois. How can this be happening?

Have you made your attorney aware that you have never recieved any information on flights for your son, much less the actual tickets? Have you talked to your ex at all? And if not, has he tried to contact you during the past 3 years? Does he have your e-mail address and your current home address? I am bringing this up, because if you have not recieved the tickets or informaiton about the tickets, yet you have made no effort to stay in contact or provide the opportunity for him to contact you, he does have a good case.

I understand your delimma, but you are going to have to respond somehow. You can respond pro se. Contact the county clerk of court (in the county that the suit is filed) for the forms that you need, but you are going to have to be there OR an atty, (at this point, ANY atty) will need to be there in your place. If your atty is going to request that he be allowed to no longer represent you, he needs to ask for a 30 day continuance on the grounds that he is resigning as your legal counsel and you need time to find an atty to handle this matter. If he is granted the motion to withdraw, ask your atty for a reference to another.

If you can't afford it, talk to your bank about taking out a loan.

I know that people do what they have to do, however, it sounds as if your attorney and the judge were both telling you not to move out of state. What was so important that you had to move half way across the country? As mommy suggested, I would contact your bank for a loan, a family member that would be willing to help, or whatever. You called Illinois home. Do you have family there? Could they maybe help you out with taking care of some of this or possbily going to speak with your attorney on your behalf, with consent of course? If he has proof, letters, e-mails, phone records, that he has tried contacting you and you have not responded, then you could be in trouble. Did you try contacting him around his visitation times? How old is your child? Some states will listen to the opinion of a reasonably aged teenager in custody cases. I guess I can't completely comprehend why your attorney would act this way unless you flat out just did not take his advice at all. It sounds as if you were 'advised' that moving would be a bad move, and you did it anyhow. Now that you have moved, it has made the situation difficult. I would e-mail him if possible. This way you can re-read what you write, and make sure to get in all that you want. Explain the son hating the dad and not wanting to go, you never had communication with the dad, dad never sent the tickets, where is his proof?, and is now trying to be an ***. Tell him that you would send the child had he sent the tickets. This seems pretty open and shut which is why I really don't get your attorney's behavior. Forgive us for saying, but it seems as if something isn't quite right somewhere. Attorneys will represent anyone who is going to pay them and act decently. Heck, they don't even have to act decently half the time if they are paid well...........

Thank you all for your advice

first of all, I did not come in here for everyone's opinion. You have not lived our life. I got a court order letting me move. Plain and simiple. No one told me it would be a bad move. My son is soon to be 15 and has not seen his father in 3 years, on his father's choice not ours. Why did I move half way across the country? Why does anyone move, for a job, a good paying job that I could not get in Illinois unless I moved to Chicago. But then again, someone would bash me for moving to chicago. Illinois is no longer my home, there is no family there. I do not have to justify why I moved to anyone. I just simply asked on here what my options would be and that is that. I never give my opinon to anyone because I have not walked in their shoes. I am sorry you all feel this way that I am a bad mommy for moving, but I cannot and will not appologize for that. My attorney is tired of being in court for the last 11 years. I don't blame him, I am tired too. Please do not reply to me if you have nothing nice to say, after all, someday it could happen to you.

First of all, when you are trying to get free information on a public forum, you don't get to be choosy. We gave you the correct answers. If you don't like them, find an atty to work with you. Your atty obviously has some serious issues and it does not sound like the judge was gung ho to grant the order. He specifically stated he would not grant it without provisions for visitation, which leads me, at least, to believe that you were trying to avoid visitation. I didn't bash you for anything. I asked you legitimate questions. Since you are so defensive, I am going to assume that we struck a nerve. I'm sorry, but this is exactly what the court is going to ask you. Your options are to get your rear end to Illinois to answer the court summons and represent yourself, talk your atty into handling this for you, talk him into getting a continuance, find a new atty and getting him or her up to speed in time to go to court, or ignore the summons and have a judgement entered by default (one which, I assure you, will not be in your favor). Nobody said you were a bad mother. We said there are some very serious questions that you have to answer, if not to us, then to the court. Good luck.