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Topic: Legal help needed.....  (Read 1283 times)

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Legal help needed.....
« on: March 15, 2010, 07:14:12 PM »
Hi all,

Not a nice subject for me to ask help about here but heh wasn't sure where else to go. Please tell me if i am in the wrong place and apologies if i am..

Its a long story but i will give you short version...

Married my US wife last February 2009 and she came over to live in the UK in June. She found it very hard and returned back to the States in early September.

That's the simple bit....

When she returned back to the US, she was pregnant with our first child and again to cut a long story short, she is due in a weeks time.

Now to the problem, our marriage is in rapid decline and the reasons why are generally to do with me not coping with the distance i suppose. The reasons actually, if i am honest, are completely unbeknown to me and we are down to at the most one text a day.

Anyway, sorry about being long-winded. My question is what rights (if any) do i have in terms of seeing my daughter. I really need to know obviously in the short term but basically ongoing.


I would be very grateful if someone could advise as i am finding this all very difficult...

Thank you all...

Simon


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Re: Legal help needed.....
« Reply #1 on: March 15, 2010, 07:22:21 PM »
We really only deal with US to UK here.  You really need to contact an attorney. 


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Re: Legal help needed.....
« Reply #2 on: March 15, 2010, 07:25:40 PM »
oh well thanks anyway...just thought someone might know somewhere to try...


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Re: Legal help needed.....
« Reply #3 on: March 15, 2010, 07:30:55 PM »
There  might be someone who knows.  People on this board come and go back and forth so you never know. 

Though I would defiantly contact an attorney to establish your rights to see your child.
The wiring in our brain is not static, not irrevocably fixed.  Our brains are adaptable. -Mattieu Ricard

Being ignorant is not so much a shame as being unwilling to learn. -Benjamin Franklin

I have long since come to believe that people never mean half of what they say, and that it is best to disregard their talk and judge only their actions. -D.Day


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Re: Legal help needed.....
« Reply #4 on: March 15, 2010, 07:47:02 PM »
If I'm not mistaken, the terms of custody and visitation would be determined by the state in which your wife lives. As she is now in the US and you aren't, I'm afraid the responsibility lies with you to make it known that you want to be involved in your child's life.

What that means is, to a large degree, up to you. If you are on your way to divorce then it depends upon how often you can get to the US to see the child (because obviously, for some time, the child can't come to you!). It is unlikely that you would get any substantial physical custody though you might get some legal custody. You will need a lawyer to help you with this as it's a very complex issue.

If you want to try to save your marriage, get on a plane, get over here, and get into some couples counseling asap. It sounds like you both have been through a hard time so make sure you aren't making a mistake if you possibly can.

Something else you need to be aware of is that most US states are very serious about money (child support). Just because you live in the UK does not make you exempt from this. There is a reciprocity agreement betweent the US and UK and it is enforced - and my understanding is that it is enforced better than the UK enforces it's own child support orders!

You can find out all about child support for the state your wife lives in... just Google "'State' Child Support".

HTH!



When I was 5 years old, my mother always told me that happiness was the key to life. When I went to school, they asked me what I wanted to be when I grew up. I wrote down ‘happy’. They told me I didn’t understand the assignment, and I told them they didn’t understand life. ~ John Lennon


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Re: Legal help needed.....
« Reply #5 on: March 15, 2010, 07:49:10 PM »
thank you...


Re: Legal help needed.....
« Reply #6 on: March 15, 2010, 08:44:31 PM »
Hi Simon, sorry to hear about your marriage...congratulations on your little girl...given that you are the father and the child is also a British Citizen you should contact a family law solicitor asap.

ETA: The US Embassy in London maintains a list of Solicitors in the UK that are familiar with US/UK International Child Custody and Family Law: http://www.usembassy.org.uk/cons_new/acs/scs/childcustody_solicitors.html
« Last Edit: March 15, 2010, 09:18:15 PM by WebyJ »


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