Legal Question in Family Law in California

Child Custody and Divorce

Hi there,

My wife and me are not getting along well. I would like to file divorce in California. But currently she is in India with out little baby (son). After filling the divorce in USA, if I bring back my son to USA, will that be legal.

My son is an American Citizen. Most likely my file will lodge a complain with Indian Police.Can I do something here to protect myself and my son? As we both last lived together in California and she is in India since last Feb (2002). She took my son with her without my consent. I would like to have he divorce proceeding and child custody done in US as Indian court is more biased and favours Woman


Asked on 6/27/02, 7:38 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Child Custody and Divorce

The California courts have jurisdiction over the dissolution and the custody of the child. You can get an order giving you custody and dissolving your marriage, I don't know how the India courts will recognize that order, but by international law they should recognize the order. You should file soon, as delays will hurt your case. Good Luck, Pat McCrary

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Answered on 7/01/02, 10:27 am


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