90 DAY FIANCE Biniyam files for joint custody of oldest son Simon EXCLUSIVE

90 Day Fiance Biniyam files for joint custody of oldest son Simon from previous marriage

90 Day Fiance star Biniyam Shibre has filed for joint custody of his oldest son Simon from a previous marriage.

As we previously reported, Biniyam married an American woman named Bria in June of 2016. The couple announced one month later that Bria was pregnant. She would return to the United States for her sister’s wedding in October and planned to return to Ethiopia to give birth.

In a situation similar to what Ariela experienced during her pregnancy, it was discovered that Bria’s baby had health issues. “During a routine ultrasound, it was discovered that her unborn baby had the rare birth defect gastroschisis, meaning his intestines were growing outside of his body,” we shared in our initial article about Biniyam’s first marriage. “Doctors were very adamant about Bria not flying back to Ethiopa after the diagnosis.”

Thanks to help from a local politician in Iowa, Biniyam “was granted humanitarian parole and was able to travel to Iowa in time for the birth of his son — which looks to have been in early February of 2017.”

Bria and Biniyam had an American wedding ceremony in July of 2017. He would later have to return to Ethiopia, and soon the couple broke up for good. Their divorce was made official in April of 2019, which was at least one month after Biniyam and Ariela met.

Biniyam has revealed on the show that he has not seen his son Simon since his split from his ex-wife. However, the aspiring professional MMA fighter is hoping to have the courts change that.

Biniyam files for custody of 1st son

Biniyam filed a Petition to Modify Custody and Establish Parenting Time on September 27, 2021. The filing cites the original custody agreement (the Decision) granting Bria full custody of Simon.

From the filing:

Since the entry of the Decision, there have been material, permanent changes in circumstances not existing at the time of the Order with respect to the following: the Petitioner now resides in the United States; the Respondent does not allow the Petitioner any access to the parties’ minor child.

Due to this significant, material change in circumstances, Petitioner requests the Court modify the Order to establish joint legal custody and a reasonable parenting time schedule between the minor child and the Petitioner, along with regular access.

Modifying the original Order is in the minor child’s best interest.

Petitioner has the superior ability to minister to the needs of the minor child.

Biniyam’s ex wife gets Injunction

Biniyam’s ex-wife Bria was served with his petition on October 6, and she applied for a Writ of Injunction one week later. The Writ of Injunction was issued the same day.

The injunction clarifies a series of restrictions that Biniyam must abide by until the custody issue is settled. Here is what the Writ prevents Biniyam from doing:
1. Attempting to pick up the minor child at any [redacted] School District property, or allowing a third party to do so on his behalf;
2. Scheduling, attending or participating in a parent-teacher conference or otherwise consulting with any employee of the [redacted] School District, or allowing a third party to do so on his behalf WITHOUT THE EXPRESS WRITTEN CONSENT OF THE RESPONDENT;

3. Posting information about the minor child’s progress, performance, experience, or any other information about the minor child’s schooling on social media, or allowing a third party to do so on his behalf;

4. Disclosing or discussing information about the minor child’s progress, performance, experience, or any other information about the minor child’s schooling on television media, including but not limited to the 90 Day Fiance The Other Way television series;

5. Harassing the Respondent or her husband, [redacted], interfering with the privacy or rights of the Respondent or her husband, [redacted]. until the further order of the said District Court in the premises.

90 Day Fiance Biniyam custody document excerpt
There was a Mediation Certificate of Attendance filed on November 23, 2021. The case is still open and is currently scheduled for trial on October 26 and 27 of this year.

Biniyam lists income of $0 in February

As part of the custody process, Biniyam filed an Affidavit of Financial Status on February 4, 2022. In the Affidavit, Biniyam states that he has less than $500 in assets and an income of $0 per month.
His address looks to be the same apartment complex that Ariela’s parents initially rented for the couple on the current season of 90 Day Fiance.

The Writ of Injunction doesn’t allow for Biniyam to discuss details about his son Simon’s life, but I don’t think it prevents Biniyam from talking about filing for custody on the show. To find out if the topic comes up this season, be sure to tune in for new episodes of 90 Day Fiance airing Sunday nights at 8/7c on TLC! Or catch the new episodes a day early by streaming on Discovery+!

Asa Hawks is a writer and editor for Starcasm. You can contact Asa via Twitter, Facebook, or email at starcasmtips(at)yahoo.com

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