America

[Shit Agent]

Apologies if posted in the wrong section.

Hi everyone.

I am in the UK, and my wifes sister is currently in America, Calafornia to be more specific.

Now she is married to an American, has one child which was born in wedlock in Japan, and is pregnant with another.

Now she has been in America 2-3 months on a one year visa, not sure which type, and is having a very bad time, to cut a long story short since she has been in America he has made her life a misery and she wants to go home, which is harder than it sounds.

We will be helping her get home, ie buying the air ticket as he refuses to give her a penny (cent) he also wont let her use the phone, and can only use his cousing mobile when she visits.

So before she goes, can anyone inform me of her rights, regarding child support, divorce settlement etc, as she is looking at being home alone in Thailand with 2 young children ro bring up on her own.

She has been married about 4 years (in Thailand and registered) lived with him in Japan for a year, returned to Thailand for a year whilst he worked in America and is now in America on a one year visa.

Rgds

Ag

[meadish_sweetball]

Moving this topic to the proper forum... The link remains here.

[JRingo]

Apologies if posted in the wrong section.

Hi everyone.

I am in the UK, and my wifes sister is currently in America, Calafornia to be more specific.

Now she is married to an American, has one child which was born in wedlock in Japan, and is pregnant with another.

Now she has been in America 2-3 months on a one year visa, not sure which type, and is having a very bad time, to cut a long story short since she has been in America he has made her life a misery and she wants to go home, which is harder than it sounds.

We will be helping her get home, ie buying the air ticket as he refuses to give her a penny (cent) he also wont let her use the phone, and can only use his cousing mobile when she visits.

So before she goes, can anyone inform me of her rights, regarding child support, divorce settlement etc, as she is looking at being home alone in Thailand with 2 young children ro bring up on her own.

She has been married about 4 years (in Thailand and registered) lived with him in Japan for a year, returned to Thailand for a year whilst he worked in America and is now in America on a one year visa.

Rgds

Ag

She won't get anything if she leaves.

If she wants to go home she can.

But if she wants child custody, child support, alimony, 1/2 the property she has to stay for court proceedings...or return when they happen.

If she leaves she won't get crap...only what he gives her.

Which will probably be nothing.

Of course if she stays and is shown she is unfit mother she won't be given anything either.

Good luck....ps you oughta change your name

[Maigo6]

Good luck....ps you oughta change your name

lol.......

[Mobi]

This is a bit outside my sphere of knowledge (being English) but I do know enough to say that if this guy is really mistreating her, then she can probably take him to the cleaners - but she must stay there.

I believe it would be possible for her to get a "pro bono" lawyer who would be able to help her. If he is physically mistreating her, she could also go to the police and file a complaint. The law is very much on her side, and they would probably arrest him.

I understand that she wants to go home, but I strongly recommend that she considers staying there for a while and fight him in the courts. It is highly possinble that she could get a lawyer to evict her husband from the home, and in any event with one baby and another on the way, he will be obliged to take care of her.

Once she has asserted her legal rights and got a fair settlement, alimony etc, she can then elect to move back to thailand.

I urge her to see a lawyer - it will be well worth it in the long run. If all else fails, maybe the money you are prepared to pay for her ticket could be put towards a lawyer.

There must be some Americans out there who can advise on this.

Edited July 25, 2006 by Mobi D'Ark

[AmeriThai]

If abuse is a factor, there are shelters for women who are abused. Abuse doesn't necessarily mean physical abuse such as being beaten up. If she's afraid of him or is being unreasonably controlled, it can mean psychological abuse as well. Such shelters often relocate abused women into private homes for protection as well as makng it difficult to track her.

There are also legal aid resources available for people who have little or no income. Attorneys often volunteer their services to help such people in need. That could also mean assisting her through a divorce.

If she chooses to return to Thailand, she should be able to obtain a divorce there. A marriage in Thailand is recognized as legal in the USA. I would certainly think a divorce would be as well. Regardless, she would need the assistance of an attorney.

As for child support, if the divorce is filed and granted in the USA, and the children are placed in her custody, her spouse would be held responsible to pay child support. It's also possible she might be entitled to alimony, but that can vary from state to state. I'm not certain how child support matters are handled in Thailand if the divorce is done in Thailand though. I suspect he would still be obligated to support the children, but again, it's a question that should be addressed to an attorney.

It sounds like the first step for her is to talk to a shelter for help. I believe they can often assist her by helping her move.

Edited July 25, 2006 by AmeriThai