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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21434
Experience:  General practice of law with emphasis in family law.
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thank you for your compassionate sensitive answer. I have not

Customer Question

thank you for your compassionate sensitive answer. I have not gotten any papers from IL or my husband on this matter, sou would it be reasonable to assume nothing has been filed? My son has not said anything about talking to a judge or legal person.1- From your experience, what might be a reasonable amount of time between filing and appearing? It will take me 38 hours to drive, so it is important.2-what might be things to discredit Austin stay with his dad? The dad has asked my older son (now 26) to buy marijuana for him while he (the older son) was in high school. 3-If I came to your office, what would you tell me to do to get my son back ASAP? Again I really appreciate your help and time! I tried to talk to IL Legal Aid and they do NOT do anything with custody, divorces or that sort of issues.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

 

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

 

Customer: replied 1 year ago.

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.

Expert:  Samuel II replied 1 year ago.

Hello

 

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 information

Good luck. Thank you for your kind words and generous bonus.

Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21434
Experience: General practice of law with emphasis in family law.
Samuel II and 9 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you. I checked the link and sent out emails. Blake Law Group has kindly agreed to help me. I wrote to the St Claire Co Clerk and she said as of yesterday nothing was on file. You have done more to help me in a very brief time than the State Dept has done in 5-1/2 months. I shall be forever grateful.
Expert:  Samuel II replied 1 year ago.

Hello

 

You are very welcome. Best of luck with everything.

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