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I am an attorney with more than 25 years experience and I look forward to providing you information in this regard today
Please tell me is there any type of child custody order in place at this time- Temporary?
And how is it that you left to go to Mexico, was that with the Father's Ok on taking the child out of the county?
we lived in mexico as a family from 2004 to june 2011 when my husband left to IL. At this time, there are no custody or divorce docs in place. I just really want my son back and he says he wants to come back and is willing to say so in court- would his dad be there to pressure and intimidate him? If the child comes back, would he be made to go back to his dad? I understand at age 15 the childs opinion is heavily considered. there are 2 younger siblings (ages 5 yrs and 3 yrs) here in mexico with me. the dad is abusive and controlling (domestic assault in TN in 2002) and wocp for neurotic depression in 2003, plus currently tax warrants in state of WI for +/-$22,000 in delinquent tax. I would not feel comfortable surrending the younger kids to him.
I forgot- i am a us citizen and 100% service connected disabled veteran. dad is us citizen. child was born in TN.
At this time because there is no Order in place, the parent who has possession has control. So the police will not get involved. This is not kidnapping and so the Hague will not apply
1 - If there is a court hearing on custody and your son wants to talk to the judge that would be done out of earshot of both parents., Thus, No intimidation
2 - If the boy can make it to Texas and you meet him there you can cross back to Mexico as long as the Father has not gotten any type of custody order from Illinois Courts
3 - You may want to file for divorce in Illinois and then request the temporary custody order until the divorce is finalized
Thank you for you service to our country. However, it has no bearing on a divorce or custody. I appreciate it, though. God Bless you
ok, so how would it change things if dad has some temporary custody order? Especially since I involved the State dept in Jan 2013?
If he has temporary custody then it could be a parental kidnapping to take the child back to Mexico
I suppose I could be in big trouble for that (parental kidnapping). how would I find out if such an order exists? What can I do about it to get my son back if such an order exists and he says he wants to come back?
If there is an Order, you can call the clerk of the court in the County where the Father lives and ask. You should have been served the order via the Mail
If there is an Order then you would have a hearing date and would need to appear in court and show cause as to why he should not have the custody and your son can request to speak to the judge privately on the issue
I apologize for the delay in this answer to your follow up