custody captive?

[JackofswordsParticipant 31]

Hey,
So i have separated from my wife three months ago, and the divorce will be finalized next month when we each sign our own separate rental contract. Since the separation I have stayed with the children in our shared apartment, while she has spent as much time as she can away.
This separation and divorce taking place in a country we moved to for her to pursue medical studies (which she dropped out of 6 months ago) I fear the divorce and custody will lock me down in this country until the children are adult or I can legally fight my way to taking the kids back to the states with me, or convincing her to move to the states as well, not holding my breath on the last one, as I have been attempting that for several years before our move here.
My current thought is to pick up and leave back to the states, and pick up the legal battle for custody from there.
Any thoughts, suggestions, criticism will be welcome!
Cheers

"What you really fear is inside yourself. You fear your own power. You fear your anger, the drive to do great or terrible things."

[Duke TogoParticipant 2664]

Speak to a lawyer in the country your are now and also to a lawyer in the country and state you hope to escape to with your children.

This is a no brainer.

[MonkParticipant 16995]

Local law will prevail, so as the Duke says, consult a good local lawyer. The last thing that you want is an international arrest warrant.

[JackofswordsParticipant 31]

But that would only be the case if I took the children with me. They issue international arrest warrants for parents that just pack up and leave their children with the other spouse?

"What you really fear is inside yourself. You fear your own power. You fear your anger, the drive to do great or terrible things."

[Duke TogoParticipant 2664]

I don’t mean to be rude but you are asking legal questions that would be best answered by a lawyer in the country you are in now and also in the one you want to take your children to. You doing anything else would be wilful ignorance on your part.

[AwakenedParticipant 35202]

Duke Togo wrote:

Speak to a lawyer in the country your are now and also to a lawyer in the country and state you hope to escape to with your children.
This is a no brainer.

Nobody here can give you sound legal advice.

Jackofswords wrote:

But that would only be the case if I took the children with me. They issue international arrest warrants for parents that just pack up and leave their children with the other spouse?

This is an answer that ONLY an attorney in the country that you are presently living in can provide.

Hire independent legal council, or make a run for it and see what happens.

I think you know your BEST option.

In a World of Justin Beibers Be a Johnny Cash

[MonkParticipant 16995]

Jackofswords wrote:

But that would only be the case if I took the children with me. They issue international arrest warrants for parents that just pack up and leave their children with the other spouse?

Depends on local law.

You haven’t said which country it is, but some can be very nasty indeed, so get proper legal advice. This is not something that you can afford to get wrong.

[SandalsParticipant 4253]

There’s a couple problems with telling him to hire a lawyer. Saying hire a lawyer is the same as saying, “Hire a guy for $400 an hour to tell you he doesn’t have a clue what the judge will do.”

Also, lawyers are propped up by shows like Law and Order. Most lawyers are retards and don’t know s~~~, and constantly f~~~ up in court. And since procedure matters more than fairness in a court, messing up, or not saying the right thing before the judge hits the gavel can royally screw up your life.

And you have to pay if you win or you lose. Lawyers are a mafia, and don’t give a s~~~ about your case, because they get paid either way.

What matters most is how amenible or vindictive your X is. Do the two of you want the same thing?

[Dark KenshiParticipant 2132]

Jackofswords wrote:

But that would only be the case if I took the children with me. They issue international arrest warrants for parents that just pack up and leave their children with the other spouse?

The US has legal bonds and ties with some countries for collection of child support payments, both from inside and outside US.
But, it depends on the country’s law.

As a law student, I tell you to seek a counselor, but AFTER you checked the local law to see if what are the consequences and what are its legal ties for international child support, specially given that you are a US citizen. Buy the local law books, study a bit, then consult a lawyer and see if you can do what you want to do.

"Young was I once, I walked alone, and bewildered seemed in the way; then I found me another and rich I thought me, for man is the joy of man." Odin, Hàvamàl, stanza 47.

[JackofswordsParticipant 31]

I am not looking to avoid my obligations or child support. But I do not want to be tied down in a country that is not their birth place, their mother’s or mine.
But a pretty grim and costly picture is being painted.
Thanks!

"What you really fear is inside yourself. You fear your own power. You fear your anger, the drive to do great or terrible things."

[Dark KenshiParticipant 2132]

Jackofswords wrote:

I am not looking to avoid my obligations or child support. But I do not want to be tied down in a country that is not their birth place, their mother’s or mine.But a pretty grim and costly picture is being painted.Thanks!

What I meant was for you to get back to the US without them.
If you want to take them to the US with you, same advice applies.

I did not gave you advice in order to avoid child support or any olbigations, as it was not what you asked…
But still, maybe I was not able to express myself in a better way. 🙁

"Young was I once, I walked alone, and bewildered seemed in the way; then I found me another and rich I thought me, for man is the joy of man." Odin, Hàvamàl, stanza 47.

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