Legal Question in Family Law in California
My 13 years old son is born citizen of American and he lives in USA and i am the single legal custodious of the child in America. My husband filed the divorce case which is pending in India and I also filed the case u/s 12 domestic violence act from two years in india, but the court has not granted me any interim relief even. Now my husband wants to custody of the child. Does he get? If Yes, How? My husband is Indian citizen, and my child does not want to see his father.
1 Answer from Attorneys
Whenever a case deals with cross borders, and international matters the case is very difficult. Your first stage should be to consult with an Indian lawer since that is where your case is being heard. It sounds lik the husband agrees that India should be the proper forum for your divorce case. If that is the case and there is no dispute, then all matters should proceed through the Indian courts and you should speak with an Indian lawyer. If there is a dispute and Husband wants to try to hear the case in California, then your case is sufficiently complex and the first issue would need to be resolved which is where the case should be heard.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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