Legal Question in Family Law in California
Hi, My husband harassed me and daughter in the year
2012 and sent me to india and filed divorce in US. My
daughter is a US citizen. Since I do not have any
assistance or support to stay in US, I left my
daughter in india in 2012 and with Green card visa I
myself returned to states in 2013. After I went to
states in 2013, through lawyers advice i filed a
petition for reconciliation of ur marriage. But then
the court advised me to bring my daughter from india
and follow the court proceedings in US, which was
agreed both by husband and me. As such I came to
India to bring my daughter to states, but then
unfortunately i became sick and could not travel to
states as my GC visa has been denied. The Visa
counselor suggested me to ask my husband to come and
pick her. so, please advise me what can be done in
this regard as the court proceedings is still getting
continued in states.
1 Answer from Attorneys
I have practiced family law in California for 30+ years and have never heard of a petition for reconciliation.. The petition is for dissolution of marriage due to irreconcilable differences. Either you misunderstood your attorney or you should seek a second opinion from another attorney. Notify him that you are unable to return to California. If you husband wants you daughter he will come to India to pickup your daughter. If your daughter is returned to California and you are not there he will get custody by default.