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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 22187
Experience:  General practice of law with emphasis in family law.
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my son is 15. I live in Mexico (the country). He went to visit

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my son is 15. I live in Mexico (the country). He went to visit his dad in IL for Dec break and his dad refuses to let him return. we are seperated for the past 2 years, but not yet divorced. My son wants to come home. What will happen if he meets me in texas and we pass back into mexico? I have contacted the State dept on this matter in Jan, when it went from a visit to abduction, but they have not done anything yet. In july he will be 16 and no longer under the hague convention. is it faster to file for divorce in IL or have my son meet me and come home? Can he be stopped in Texas and returned to IL? (assuming he does not do anything wrong). thanks.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

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?

Customer: replied 1 year ago.

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.

Customer: replied 1 year ago.

I forgot- i am a us citizen and 100% service connected disabled veteran. dad is us citizen. child was born in TN.

Expert:  Samuel II replied 1 year ago.

Hello

Thank you

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

Customer: replied 1 year ago.

ok, so how would it change things if dad has some temporary custody order? Especially since I involved the State dept in Jan 2013?

Expert:  Samuel II replied 1 year ago.

Hi

If he has temporary custody then it could be a parental kidnapping to take the child back to Mexico

Customer: replied 1 year ago.

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?

Expert:  Samuel II replied 1 year ago.

Hi

 

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

 

Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 22187
Experience: General practice of law with emphasis in family law.
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