Family Law Questions? Ask a Family Lawyer Online.
You are welcome. I try to be as understanding as I can but I can only provide information for you. I know this is a very stressful time for you and your son so try to relax and hang in there
If he files the Divorce complaint and requests temporary custody you would be served within 7 days since you are out of the country. And it would have to come to you via certified mail - so you would know about it And you would have an opportunity (30 days) to Answer the Complaint for Divorce. if there is a Temporary Custody Order you could have a hearing date within that same 30 day timeframe. So you should have time to be served and have notice of a custody hearing to get to Illinois.
I suggest tomorrow you call the clerk of the court to see if anything has been filed and what the Court date is for the Temporary Custody hearing.
If you tell me the county in Illinois, I can try to get you that contact information
I suggest that the best way to convince the court about your son is to state that the Father left the family. Your son has school, activities and friends in Mexico and this is where is life is thus it is in his best interests to let him return to his home and that you are not wanting to keep the Father from his son, and so you are willing to compromise on a visitation schedule for the Father which may include holidays, summer vacations, etc
There is nothing you can do to have an immediate return if there is a Temporary Order. So I suggest you refer to the above and call the Clerk of the Court. If there in no court order, I suggest you can try to make arrangements with your son to meet him and bring him home. I suggest that you would want to file proceedings in Illinois as soon as possible for a divorce so that you can then Petition for Temporary Custody until the divorce is fully resolved
You are wonderful! The city is Belleville, it is located in St Claire County. How can I find, or be directed to, someone who can help me on a siding scale because I am on a fixed income and by law cannot work and earn more than $6,000 per year (hobby) or lose my VA benefits.
ok, so just be sure I got this, let me summarize:
1- call and see if anything is filed about custody or divorce
2- if NO, get my son immediately.
2b- if yes, file an appeal
3- if nothing is filed, then I MUST file immediately.
is that right so far?
My mom got me some divorce papers prepared from a document service place. I have some doubts and would like to have them reviewed before filing. I understand you cannot do that, but perhaps you can refer me to someone who can.
I do feel a LOT better since talking to you. It would cost me $1 usd per minute ot use my cell phone to cal the USA and I cant call toll free numbers from outside the USA.
Thank you. I am here to help and provide information and it is nice to hear someone say that.
Here at this link is the contact information for the Clerk's office Call and tell them you live in Mexico and that you need information about whether there is a Divorce Complaint filed and/or a Temporary Custody Order. They will help you
Everything in your recap is correct - EXCEPT you cannot appeal anything
You need to Respond to any Complaint for Divorce that has been filed.
And if there is a Temp Custody Order then you will need to appear at the hearing to argue against that
I suggest you would need an Illinois attorney to review your documents. And if you want to try to find an attorney to work with you as a low income client try the Illinois Bar Association for a Legal referral Service and here is that contact informationGood luck. Thank you for your kind words and generous bonus.
You are very welcome. Best of luck with everything.
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