How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask originallawyer Your Own Question
originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
74576488
Type Your Family Law Question Here...
originallawyer is online now
A new question is answered every 9 seconds

My ex has physical custody of my son but she called me last

Customer Question

my ex has physical custody of my son but she called me last week and told me that her job and switch to the night shift she did not have anybody to watch him so she called me to ask me if I could watch him I said yes I would watch him she said and you can send it back mid-January she said she wants a letter saying that I would watch him and send him back mid-January but I don't want to enroll him in school 4/2 a school year I want them in there for a whole school year the physician her psychiatrist said that would be best so I don't want to send her a letter that will bind me to anything and plus I want custody of him it's his best interest down here in the Illinois not in Arizona
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.

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.

Customer: replied 1 year ago.
But she is asking for a letter that says he will stay with me he will be enrolled and that he will be back mid-January but again I don't want to sign anything that binds me to anything I don't want to send him back in mid-January if he needs to say the whole year so how should I word that letter
Expert:  originallawyer replied 1 year ago.

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.

Customer: replied 1 year ago.
No that will not work because she has to have everything her way and there's no negotiating with her but as for my son this is his best interest that he's here I'm going to talk to her on the phone I said that I would look after him here in Amarillo him in school here but she says if she does not get a letter from me saying that he will be here I will enroll him in school and he will be back in mid-January if she does not get that letter she will request Joshua back and since he's on night shift she has no one to watch him she will send him to her mother's house in Mexico which is not going the fly because his father I'm really here so what do you think I should do
Expert:  originallawyer replied 1 year ago.

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.

Customer: replied 1 year ago.
But if she does not receive a letter she will go all crazy and she will ask that Joshua be returned to her even though she has no one to watch him and she would send him to Mexico and besides I already enrolled him in school
Expert:  originallawyer replied 1 year ago.

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.

Customer: replied 1 year ago.
I would do that for me to file something with the court and then go to court on that I could do that and I will do that butt that's a lengthy process and I original the agreement is a given for visitation on summer and I send it back August 1st but she called me the third week in July and told me that her job switched to night shift and if I could watch Josh and enrolling in school and haven't been back by mid-January so can I put in the letter that I will watch my son and he will be enrolled here but he will be enrolled for the entire school year
Expert:  originallawyer replied 1 year ago.

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.

Customer: replied 1 year ago.
Okay okay but my original divorce was it in KAne County and now I live in Belvidere Boone County so how can I move my case from Kane County to Boone County
Expert:  originallawyer replied 1 year ago.

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.

Customer: replied 1 year ago.
okay if I go to Kane County and put in the motion to transfer in the motion to modify custody then if he's not back in Arizona on August 1st which she was she wants because she won't have a letter thaN what
Expert:  originallawyer replied 1 year ago.

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.

Customer: replied 1 year ago.
Okay so if I did that and I need to see a judge urgently what can I do
Expert:  originallawyer replied 1 year ago.

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.

Customer: replied 1 year ago.
Okay so if I die tomorrow how long will it take before I see a judge
Customer: replied 1 year ago.
If I file tomorrow
Customer: replied 1 year ago.
R u there
Expert:  originallawyer replied 1 year ago.

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.

Customer: replied 1 year ago.
Ceiling tiles and both had the same time to change because two and two change the county
Customer: replied 1 year ago.
Should I file both at the same time
Customer: replied 1 year ago.
U there
Expert:  originallawyer replied 1 year ago.

Yes, you must file both at the same time.