Children Visitation - Non US Citizen

[GrievingBaba777]

Hello

I am a Non-US Citizen currently residing in the Middle East. During the Pandemic time I lost my job in June 2020, and my wife left with the kids on pretext of a vacation to the US to her brother and mother who are US Citizens and never returned. I was informed that she has done AOS but I don’t know what that is. I was being forced to send money to her by the brother although I was going through very difficult times but that was the only way to see my children on video call and talk to them. But in the beginning of 2022 I decided to proceed with divorce proceeding in my home country because of immense mental torture. After I conveyed this intention, they blocked all communication and I was not able to see or talk to my kids ever since. The only thing I had was the current address of her Brother whom she was residing with in Texas. I sent many presents for my sons to the address but never received a single acknowledgement. In February 2023, I gathered enough savings to visit the US and try to reconcile but my efforts failed. I reached out to her brother to resolve this peacefully I.e. legal divorce as per the law of the country that we were married and her nationality, acceptable child support as per law of the country, and allowing me visitation rights to my children. But the brother threaten me with consequences if I came to visit my children at his house and asked to hire an American lawyer. I returned to my home country to save up money again to come back to see my kids. I am planning to visit the US this month to resolve this matter.

I want to highlight that my ex-wife is a non-US citizen as well as my children.

I am sorry for writing a long story above, but I would really appreciate your help.

What are my options?
How can I see my children ?
Do I have to file a case for this?

Eagerly await your kind replies.
Thank You

 

[Zigner]

Hello

I am a Non-US Citizen currently residing in the Middle East. During the Pandemic time I lost my job in June 2020, and my wife left with the kids on pretext of a vacation to the US to her brother and mother who are US Citizens and never returned. I was informed that she has done AOS but I don’t know what that is. I was being forced to send money to her by the brother although I was going through very difficult times but that was the only way to see my children on video call and talk to them. But in the beginning of 2022 I decided to proceed with divorce proceeding in my home country because of immense mental torture. After I conveyed this intention, they blocked all communication and I was not able to see or talk to my kids ever since. The only thing I had was the current address of her Brother whom she was residing with in Texas. I sent many presents for my sons to the address but never received a single acknowledgement. In February 2023, I gathered enough savings to visit the US and try to reconcile but my efforts failed. I reached out to her brother to resolve this peacefully I.e. legal divorce as per the law of the country that we were married and her nationality, acceptable child support as per law of the country, and allowing me visitation rights to my children. But the brother threaten me with consequences if I came to visit my children at his house and asked to hire an American lawyer. I returned to my home country to save up money again to come back to see my kids. I am planning to visit the US this month to resolve this matter.

I want to highlight that my ex-wife is a non-US citizen as well as my children.

I am sorry for writing a long story above, but I would really appreciate your help.

What are my options?
How can I see my children ?
Do I have to file a case for this?

Eagerly await your kind replies.
Thank You

Your matter really goes beyond the scope of an internet forum. You will want to seek out legal representation in both your home country and the US.

 

[zddoodah]

What are my options?

Citizenship aside, it appears that your wife and kids have established residency in Texas. Also, you told us that, "in the beginning of 2022, [you] decided to proceed with divorce proceeding in [your unidentified] home country," but you didn't tell us the current status of those proceedings.

Assuming the proceedings in Country X will result in a judgment/decree of divorce, will that judgment also include provisions for custody and visitation? If so, what will they say? Regardless, you'll have to take your Country X judgment and have it registered in Texas for you to be able to enforce it.

You could also abandon your Country X case and file a new divorce case in Texas.

How can I see my children ?

This is as much of a factual question as it is a legal question. Since your wife is apparently denying you access, you'll need a court judgment/decree/order.

By the way, how old are your kids, and do you have the ability to communicate with them on social media? Do they have access to their passports?

The reality is that you're going to need assistance from an attorney in Texas in the area where they live.

 

[doucar]

yes

 

[zddoodah]

Do I need to consult a Family Lawyer in Texas?

Unless your wife intends to return to your still unidentified country (hint, hint), she really doesn't have to concern herself with the legal proceedings happening there. Of course, the court in your country may issue a judgment that she doesn't like. However, in order to enforce that judgment, you'll have to start a proceeding in Texas, so yes, as I wrote previously, "you're going to need assistance from an attorney in Texas in the area where they live."

 

[Zigner]

@zddoodah Thank you so much for your swift replies. I and my children are Qatari born but the country has no naturalization law so we end up taking our Parents nationality which is Pakistani. The ex-wife is Pakistani national too. As per Qatari law if you don’t visit back within 6 months your visas are automatically expired so with her doing this now my children can’t even come back to Qatar. I will visit the US in the coming weeks and start these proceedings.

Any recommendations for a good lawyer that does online consultation so I explain the situation before visiting there?

Sorry - this is not an attorney referral site.

 

[LdiJ]

@zddoodah Thank you so much for your swift replies. I and my children are Qatari born but the country has no naturalization law so we end up taking our Parents nationality which is Pakistani. The ex-wife is Pakistani national too. As per Qatari law if you don’t visit back within 6 months your visas are automatically expired so with her doing this now my children can’t even come back to Qatar. I will visit the US in the coming weeks and start these proceedings.

Any recommendations for a good lawyer that does online consultation so I explain the situation before visiting there?

I know that you want visitation with your children, but since you live in Qatar and the children cannot go back there, where do you want the visitation to take place? That may influence a court in the US. Under the Hague Convention (international treaty) the US has jurisdiction over the children due to the fact that they have lived here for more than two years, If a US court believes that you will attempt to remove the children from the US permanently that could impact your case. If a country where you would take the children for visitation is not a signatory to the Hague Convention that could also impact your case.

However, as you were already told you are dealing with a complicated situation and an internet forum is not really the place to get help.

 

[LdiJ]

@Zigner - Ok I understand thanks.

@LdiJ Thank you for you reply. I don’t intend to remove/separate the children from their mother but I want visitation right so that I can come and see my children in the US for a month at least. From the home country I have sent a notice for custody but since she is not present in the home country, that doesn’t apply to this case as you said.

Yes, but the "notice for custody" that you have "sent' from the home country may impact a decision from the courts in the US. I quoted both of those items because I am not entirely sure that the language differences between us may not have impacted my interpretation of what you said/meant by those. Your English is excellent but misinterpretations can still happen.

Basically, the US courts will want to be sure that you won't attempt to abscond with the children without due process. You will also need to be prepared to visit with them under the supervision of another adult that they know well at first, as you will be somewhat of a stranger to them initially, since they have not seen you in a few years.

 

[LdiJ]

@LdiJ

Yes you are absolutely right and the courts have the right to raise this point. But I had sent this notice under compelling circumstances that are being created by the wife and his brother who is a US citizen. I am worried about the state that my children are in, are they legal? Are they being well taken care of ? Are they going to school? since I have not seen them in 2 years. As the brother is threatening me and abusing, is he doing the same with my kids? All the presents that I have sent, are they even giving it to them? These are unanswered questions which compelled me to take this step. I am worried about the welfare of my kids.

Is there a law in the US that allows authorities to pay a welfare check to the children with the father in my situation?

I understand your concerns for your children. However, unless you have evidence that your wife is a bad/abusive/neglectful mother and/or evidence that her brother is treating your children badly, those concerns will not be taken very seriously by a US court. You can ask the police to do a welfare check, but that will only tell you how things are in that moment, not long term. If you had some evidence (the brother mistreating you is not evidence that he is mistreating the children) you could try to get Child Protective Services involved, but they will not be helpful without some sort of evidence.

Your best option is to hire an attorney to file for joint legal custody (joint decision making) and a visitation schedule. Once there are US court orders in place you will have greater leverage.

 

[GrievingBaba777]

Thanks a lot everyone. Especially @zddoodah and @LdiJ for giving some direction in my case.