Emancipation Case Prejudice
Summary
Tina is involved in an emancipation case in Illinois where she feels the judge is prejudiced against her. Shes held in contempt for not providing insurance for her child, despite having evidence that she did. The father, who is court-ordered to provide insurance, is not being held accountable. Tina has lost her job due to the hearings and is now representing herself. Shes considering filing a complaint against the judge and is seeking advice on how to appeal the judges decision. Shes also dealing with issues related to the fathers failure to fulfill his court-ordered responsibilities and her daughters refusal to share her grades as per the court order.Full Conversation
I am involved in a imancipation case that the judge has prejudice against me ,is holding me in contempt , and not holding the father, who is court ordered for the divorce decree to provide insurance for our child not the father.
What state are you located in, ****? This will help me provide the most accurate information regarding your case.
illinois
What specific actions has the judge taken that make you feel prejudiced against?
I am required to supply her with a vehicle, car, insurance, medical insurance, and several other things. Although the emancipation was not contested by her father or myself, the judge held a Hearing that caused me to lose my job in Florida, where I reside, she will not allow me to prayer via zoom, even though I live in another state and she cannot court order, private school or me to supply someone who does not live with me car insurance, and a vehicle.
What is the age of your child and what are the specific terms of the emancipation agreement?
*
What is the current status of the emancipation case and have you considered appealing the judge's decisions?
I don’t I fired my lawyer, who told me that my child was going to be emancipated and did not represent me properly and so now I am representing myself. I don’t know how to appeal the judge decision. I was thinking I needed a whole new judge, which is why I’m contacting you for legal advice.
What is the deadline for filing an appeal in your case? In Illinois, you generally have 30 days to file an appeal after the final judgment.
passed now we are in a contempt for hearing
What is the exact date of the final judgment in your case? In Illinois, contempt of court can result in fines or jail time. It's crucial to address this promptly.
sept * was when I removed my lawyer
What is the exact date of the contempt hearing?
Aug * th
What is the reason for the contempt hearing? In Illinois, contempt of court can lead to fines or imprisonment. It's important to address this issue promptly.
she claims I did not provide insurance however, I had an email from my lawyer that shows that I did and that She received it .
What is the name of the court where your case is being heard?
Kankakee County
What evidence do you have to support your claim that you provided insurance?
Kankakee County Courthouse: * E Court St, Kankakee, IL *, USA. Phone: +* *-*-*.
Kankakee County Courthouse: * E Court St, Kankakee, IL *, USA. Phone: +* *-*-*.
a letter from my lawyer and the divorce decree that states I am NOT responsible for insurance
Have you presented this evidence to the court? In Illinois, evidence like emails and legal documents can be crucial in proving your case.
yes
What was the court's response when you presented this evidence?
again this is why I feel there is a prejudice against me
What steps have you taken to address the perceived prejudice from the judge?
I ordered the court reporters records. I’ve contacted multiple tire attorneys he won’t take the case where it is today and I’m reaching out to you.
What is the reason given by the attorneys for not taking up your case?
I can’t afford the $* retainer and I fired my previous lawyer because I was lied to
What specific lies were told to you by your previous lawyer?
that an uncontested emancipation was going to be granted . That the father was responsible to the court order as well . I was not told that the case was filed incorrectly. I was also told per the email the insurance was takin care of .
What actions have you taken since discovering the case was filed incorrectly? In Illinois, legal malpractice can be pursued if a lawyer's negligence has caused harm.
again the same actions I’ve ordered the court records which they don’t have. I’ve reached out to several attorneys. I’ve read a lot of Internet and now I’m reaching out to you. I don’t know what I can do. I am not a professional I feel like the system has failed me and I have done everything by the book.
What evidence do you have to prove that the case was filed incorrectly? In Illinois, proving a legal malpractice claim requires evidence of negligence, causation, and damages.
The judge herself stated the case was filed incorrectly. The other party. Her father was not even served. I was not served. I just got a notice in the mail, but how can I dispute it when the judge has prejudiced against me
What steps have you taken to address the issue of not being properly served? In Illinois, proper service of process is crucial for a case to proceed.
I brought it up in court, which is why I’m waiting for the court records
What was the court's response when you brought up the issue of not being properly served?
That I was representing myself in her court room that it didn’t matter if it was properly served or not, I was there
What is the name of the judge presiding over your case? This information can help in understanding the situation better. In Illinois, if you believe a judge is biased, you can file a motion to recuse them.
judge Drew’s
What specific actions or statements has Judge Drew made that lead you to believe they are biased against you?
The fathers court order in the divorce decree is not being upheld by this Judge. This judge is making me appear in person instead of via zoom. I do not live in this state I am court order to provide a car and car insurance, even though the child stated in court that she has her own, and several other factors.
What is the name of the court where your case is being heard?
kankakee county
What specific terms are outlined in the divorce decree regarding the father's responsibilities?
child support and insurance are the * big issues. How can I be held in contempt of court for not giving the child and insurance card when her father is court order to provide health insurance
What evidence do you have that the father was court-ordered to provide health insurance?
it’s in the divorce. Decree the court has it’s number seven on the judges order, which is why I feel there is a president against me.
What actions have you taken to enforce the father's court-ordered responsibilities as stated in the divorce decree?
i’ve been to court multiple times. There is a jail sentence sitting on his court order for his failure. He’s been held in contempt of court. I have fought for years in the court system to get him to do what he supposed to do.
What actions has the court taken against the father for his contempt of court?
none
none
What was the outcome of the contempt hearing against the father?
A jail sentence was issued that he never served
What can I do now ?
Have you considered filing a complaint against the judge with the Illinois Judicial Inquiry Board? They handle allegations of judicial misconduct.
can I do that on my own ?
Yes, you can file a complaint against a judge with the Illinois Judicial Inquiry Board on your own. You can find the complaint form on their website.
Can I file to hold my daughter in contempt? She has no job , she has her own car , she refuses to give me grades or anything else per the court order .
What specific terms does the court order state regarding your daughter's obligations to you?
She is to Share grades and the total discription of emancipation is she is to support herself ?
What actions have you taken so far to enforce your daughter's obligations as stated in the court order?
I’ve asked the court why ? I’ve requested them in court
What was the court's response when you asked about enforcing your daughter's obligations as per the court order?
she directed her to do share them .
What was the outcome after the court directed your daughter to share her grades with you?
Why do I have to appear in person ?
In-person appearances are often required to ensure clear communication and understanding. However, if you're out of state, you can request a telephonic or video conference.
Nothing the court did nothing
What was the court's response when you presented the evidence that you had fulfilled your obligations as per the court order?
I requested zoom repeatedly and was denied by this judge
I was told the father wasn’t served to bring my lawyer to verify emails
What evidence do you have that the father wasn't properly served? In Illinois, proper service of process is crucial for a case to proceed.
i live in Florida not Illinois
What is the current status of your case in Florida?
there is no case in Florida it is all in Illinois
What steps have you taken to address the issue of not being able to attend court in person due to your location in Florida?
What do you mean? I’ve made the request through the lawyer I’ve made the request in court. I was told that I have to shop in person which is against my rights.
What steps have you taken to address the issue of being required to appear in person, despite living out of state? In Illinois, you can file a motion to appear telephonically or via video conference.
and that’s why I had to fire my lawyer they didn’t file an appeal. When I asked, they didn’t file a motion for me to be able to appear video conference.
What steps have you taken since firing your lawyer to file an appeal or a motion for video conferencing?
I did not know I could file that motion. The judge didn’t say she just said no I had to appear.
What steps have you taken since learning that you can file a motion for video conferencing? In Illinois, you can file a motion to appear via video conference due to your out-of-state location.
I literally just found this out * seconds ago from you what I will go file the motion immediately I don’t know how to do that but I’ll try to figure it out
What is the name of the court where you need to file the motion? This will help me provide you with the contact details.
kankakee county
Kankakee County Courthouse: * E Court St, Kankakee, IL *, USA. Phone: +* *-*-*. You can contact them for information on how to file a motion.
how do I file a motion to get a new judge?
To file a motion for a new judge in Illinois, you need to file a "Motion for Substitution of Judge" form. This should be done as early as possible in the proceedings.