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If you feel that it's in the best interest of your child to live with you, you will need to ask the Court to give you custody. This means you will need to file a motion to modify the current court order to change it to where you have custody. Do not sign anything if you do not intend to do what you are signing up for. Judges do not like children switching schools more than they have to, so you do have that on your side.
Well, I wouldn't sign anything that says you're going to send him back mid year. You would need to negotiate with her that you will keep him, but only if he can stay the entire academic year. If she doesn't agree to that, you'll need to go back to court. You can't keep him without her consent if she has legal physical custody, because she can go to a Judge and get an order for you to return the child. So either she agrees to you keeping him the entire school year or she doesn't. If she doesn't, then you need to go back to court.
You will need to go back to court so that a Judge can order that you have custody and she does not. That is your only legal option at this point.
If you don't want him to be sent to Mexico, you have to go back to court. You will go back to court instead of sending her a letter. Do not send her a letter, but instead file to change custody. If you do not agree to what she wants, and she will not agree to what you want, you have only one option, which is to go back to court immediately so that you can try and get custody. I understand that she wants a letter or she'll ask you send back your son. I'm saying that the only way you can avoid that is to go back to court and ask for custody.
You can, but again, if she doesn't agree with you, she doesn't agree with you. If the court has given her legal and physical custody of your son, she must agree to leave him down there that long. If she doesn't,she can come get him because the court has given her that right.
So you can send her a letter saying that's what you want to do, but she does not have to agree with you. The only way to force her to let you have your son the entire school year or longer would be to go through the courts, otherwise it all depends on her working with you, which you've already told me she won't.
You will have to start in Kane County and ask them to move your case to your new county. You will file your Motion to Modify along with a Motion to Transfer. The Judge will then decide whether or not to transfer the case.
She'll have to come get him, or ask the court to order you to return him. If you don't return him and it's court ordered to do so, you may be held in contempt of court. However, if you can explain to the Judge that it was either keep your son or he would be sent down to Mexico, the Judge may side with you and not hold you in contempt.
You would have to file for an emergency hearing in Kane County. I would suggest looking into getting legal counsel before you do so, but that's what your first step would be.
It will depend entirely on the court's schedule. It would be impossible for me to say. It could be days or weeks. At the very least, you have to notify her that you are filing.
Yes, you must file both at the same time.