Legal Question in Family Law in California

My friend gave birth to a boy five years ago. The father is Indian and he was in the US on a visa. My friend got addicted to drugs a few months after her son was born and was in rehab. The boys father took him and went back to India. But his family is very poor and the little boy lives in the slums. My friend was devastated when she got out of rehab and found her son gone but she realized it was for the best. But a few weeks ago his father died and now he is being cared for by very old relatives. My friend wants to get him back and take him back to the US. Can she do this and how can she go about it ?

Thanks


Asked on 5/31/11, 8:48 am

1 Answer from Attorneys

India refuses to ratify the international treaties regarding child custody and jurisdiction. Therefore she will have to go to court in India if she wants to get her son. Just by coincidence, I am in discussions regarding affiliation with a firm in Delhi to facilitate cases such as this. If I can be of assistance, please let me know.

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Answered on 5/31/11, 12:30 pm


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