Legal Question in Family Law in California
Child Custody without Divorce - Is it possible?
My wife took my 2-month old US-born/citizen son to India for a 1-month trip, but never came back. We are not divorced and I do not want ot divorce her also (atleast now). I am still in the US and my wife and son are in India. This is a case of international parental child abduction - can I now file for sole legal and physical custody of my son and get a court order towards the same - WITHOUT doing the divorce proceedings?? Me having the child's custody will / may help in chnaging my wife's decision and she might even come back and my marriage might be saved. If I can do as written above, thats good. if not, what are my options?? Thanks.
2 Answers from Attorneys
Re: Child Custody without Divorce - Is it possible?
it's not an abduction case because you both have rights to be with the child. you can and should immediately file for custody in the U.S.
Re: Child Custody without Divorce - Is it possible?
Yes, you can apply for custody without applying for a divorce; it is called a Petition to Determine Parental Relationship. You will probably get an order for sole legal and physical custody. Of course, such an order will have no effect in India, but it will help you if the mom comes back to the US. She could be put in jail until the child is returned to you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
