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 Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 108705
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
9200179
Type Your US Law Question Here...
Guillermo Senmartin is online now

My daughters husband agreed that until their divorce came through

Resolved Question:

My daughters husband agreed that until their divorce came through she could return to UK from Ohio with their son. They have expedited his passport and are waiting for it to arrive. He agreed to sign a letter of consent so she could bring him to UK but is now refusing to sign this unless she has an abortion which she isn't willing to do. He has stopped her credit card and had her phone cut off. Could you please advise us if there's anything she can do as she is trapped
Submitted: 3 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 3 years ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one. Also, we have been having technical issues lately. If you respond and you do not see your response, please post again until you can see it because if you cannot see it, I cannot see it to respond.


So she is currently in the U.S. with their son and she can leave but she is having a problem securing permission from the father to travel with the son? Has the divorce been initiated in court yet?
Customer: replied 3 years ago.

No it hasn't been initiated in court yet. they were hoping for a dissolution as she was quite willing to leave the marriage without a financial settlement on the understanding she could have full custody of their son. He led her to believe the lawyer was drawing up these papers but when she got them they wete for shared custody so refused to sign them. He is saying that shared custody would cost him $20000 annually in travel expenses so would therefore not pay child support. he has been having an affair to which she has proof. He is now trying to force her to have an abortion by saying it's the only way he'll sign consent letter to bring their son out the country

Customer: replied 3 years ago.

no

Expert:  Guillermo Senmartin replied 3 years ago.

Of course! He doesn’t want to be responsible for child support for another child. Too bad for him. Unfortunately for her, she is going to need to initiate a divorce action with the local family court and motion for a temporary order granting her temporary full custody and travel rights. I do warn you that she may not get it because the courts also have to look to see if she would be a risk of later not allowing him to see his children, so they may want on giving her temporary custody. The good news is that courts in the U.S. generally want to keep children with mothers over fathers. So the law and traditional practice is on her side. More likely than not, she would get the majority of custody and be able to travel with her children, but she will have to go through the process. There is no easy or fast way to do it because what is most important to the court is what is in the best interests of the child and when a couple is going through a divorce, they tend to be selfish in that regard and may not care that much as to the best interests of the children. Additionally, she can ask the court to award temporary spousal and child support to keep her on her feet.

Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That doesn’t help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. After you rate positively, a bonus is always appreciated, and I can still answer additional questions for you without additional charge. Please do not log off without rating positively. It is VERY important for me to receive credit since I receive no salary. You are not charged again. If you would like to request me in the future, just type: FOR GUILLERMO on the subject line. Thank you!

Customer: replied 3 years ago.
He has stopped her credit cards so not sure how she can appoint a lawyer. She's staying with his parents because it was afreed she be back in England within a few days but now he's changing his mind and has cut off her means to have money
Expert:  Guillermo Senmartin replied 3 years ago.
In what state and city does she currently live?
Customer: replied 3 years ago.
West Chester Ohio
Expert:  Guillermo Senmartin replied 3 years ago.

Ok. It’s $347 to file the action with the divorce court. She doesn’t need a lawyer, but here is a link to legal aid websites that she could contact:

http://www.ncsc.org/topics/legal-services/legal-aid-pro-bono/state-links.aspx#Ohio

And here is a link to the court costs:

http://butlercountyclerk.org/index.cfm?page=Legal_courtCostsDep

Perhaps you can just send her that money to get her going. If not, legal aid should be able to help as well.



Please let me know if you have additional questions and please do not forget to rate my service to you positively as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo Senmartin and other US Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you
Expert:  Guillermo Senmartin replied 3 years ago.
You are very welcome. Please do not forget to rate me positively so that I can get credit for my assistance to you. You are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!

Related US Law Questions