Legal Question in Family Law in California

American Born Child in India

We were married in India according to the Hindu procedure and moved USA. Our Child was born in CA. She started with separation, then divorced me in CA. She has not divorced me in India. She has physical, legal custody of our child. I dont have any visitation rights. She was hoping to get child and spousal from me, at that time, I was financially weak, could not make the support. She sent the kid to india last year. Both of us are still living in the U.S different states. I paid all the arrears payment in Full with interest because i got better. She has not divorced me in India. I am planning to divorce her in India and get Child custody in India, because the child is India. Is it possible. The reason I chose to do it this way, she is totally hiding our child physical location, not allowing me to contact my our in any fashion. The child is not in U.S, U.S juristiction is not applicable India, that I am aware it. CA can not order the mother to bring the child back to CA from India. It is possible she will fight in India/USA that she is doing this for the best interest of the child. The reason she asked for physical custody to stay and live with the child, now that she got the money, she is not bring the child back. Help needed.


Asked on 7/15/07, 2:12 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: American Born Child in India

This is a complex question, and will require an in depth review of the facts. Further there will have to be some research regarding the recognition of U. S. law and court orders. Contact an attorney that has some experience in international custody cases. You may also need to obtain help with position of the Indian courts.

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Answered on 7/23/07, 3:04 am


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