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 socrateaser Your Own Question
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38107
Experience:  Retired (mostly)
10097515
Type Your Family Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

My situation little complicated.  My wife, kids and I are American

This answer was rated:

My situation little complicated.  My wife, kids and I are American lives and work overseas (Saudi Arabia).  My wife and I agreed that she goes to US with kids to study for one year then come back here. So we made a temporary custody to her for the kids.  The temporary custody will expire on Sept 2012.  I am paying for 2 houses one in Ohio USA and another one where i live in Saudi arabia. Now during her stay there, problems happened and she wants a divorce and I don't want.  She said that she wants to keep the kids and I will not be able see them except in US.  For me to go back to US now is impossible specially I built a career here with the company I work for and on the other hand the economy is not encouraging to go back at least now.  What would you advice me to do? I want my kids and my wife.  But she doesn't want.  Can she keep the kids even though our primary residency was in Saudi Arabia.
Was this temporary custody order made by a Saudi Arabia court, or an Ohio Court?

How long have your spouse and children been living in Ohio, since the last time they left Saudi Arabia?

Customer: replied 5 years ago.
The temporary custody made in the American Embassy in Saudi Arabia. They are living there now July 21 - 2011, almost 5 months.
The U.S. Embassy has no authority to create a temporary custody order for U.S. parents and children. So, I don't know what sort of form you and your wife created, but I'm willing to bet that it has no legal authority in Ohio or anywhere else -- unless you are a member of the U.S. Armed Forces, and what you executed was a MIlitary Power of Attorney (10 U.S.C. sec. 1044B).

That said, your only recourse is to return to the USA and advance your rights to custody of your child(ren). If you do not do this, then the court can (and probably will) enter orders that will make the other parent the primary custodian of the children, and the court will probably not grant you anything more than minimal visitation.

I realize that this is not what you want to read, but unless you know exactly where you stand, then you may be misled by others who do not understand the law, and you will not be able to protect your interests as a consequence.

For a reputable Ohio family law attorney referral, see this link.

Please understand that I "justanswer" questions “about” the law. I have no interest in providing you with anything less than a completely satisfying answer. However, if the law does not favor your unique circumstances, then the best that I can do is to explain what the law "is" and what it "is not."

 



And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


Customer: replied 5 years ago.
ToCustomer
Your question was cut off. Please try again.
Customer: replied 5 years ago.
I am paying them monthly. If I don't pay them any more is there any legal issue toward me? Also, when I advance my right to custody the kids, do I have to be Ohio resident? Do you know how long the process of getting custody takes? During process who has the right to have them?
I am paying them monthly. If I don't pay them any more is there any legal issue toward me?

A: If you cut them off, then you may look like a bad parent to the court. It would be better for you to maintain payment, and then file a custody petition with the Ohio Family Court. Then, if your spouse wants to convert the action into a divorce, that will be her choice, but you will have your rights protected in the interim -- because you can ask the court to make an appropriate support order -- that way you and your spouse will know exactly what to expect, going forward.

Also, when I advance my right to custody the kids, do I have to be Ohio resident?

A: No. Only one spouse need be a resident of Ohio.

Do you know how long the process of getting custody takes?

A: It varies by how much the parties can cooperate. Temporary orders could issue in as little as a day. Final orders, if there is a contest between you and your spouse could take six months to a year or more.

During process who has the right to have them?

A: The court will consider the facts and circumstances and make temporary orders. The sooner you get into court, the stronger your case may be.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!



Customer: replied 5 years ago.
Sorry to bother. One more question. Which is better, I let her file for a divorce or better I do it first? Me being living overseas, will that weaken my custody case or depends on who file for custody first? Thanks
Which is better, I let her file for a divorce or better I do it first? Me being living overseas, will that weaken my custody case or depends on who file for custody first?

A: I don't think it makes any difference who files first -- except that the spouse who files first has the first opportunity to try to obtain temporary orders from the court -- which can be a slight advantage. But, after that, there is no difference -- the choice is yours.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

socrateaser and 6 other Family Law Specialists are ready to help you