Legal Question in Family Law in California

I recently have got divorced and found that my ex-wife had committed adultery and concealed the truth until divorce. I got married in India. She and her boyfriend have planned the whole separation and divorce and made it look like difference of opinions. Though we have joint legal custody of child, I was ordered to pay child support as the child stays with mother for more time. We both are still Indian citizens. She has perfectly exploited the liberal American system to her advantage. I was actually shocked to learn that in American courts, adultery is not a big deal for custody unless there is evidence that it had impact on child. Now, my ex does not want to send the child to India even for vacation for the fear of child not coming back. Below are my questions:

1. Can I file the case of Adultery in India?

2. Can I request the change of custody in India?

3. Can I file separate case of adultery on her boyfriend?

4. Is Child support valid if I move to India to take care of my old parents?

5. Last but not least, is my marriage still valid in India?


Asked on 2/18/11, 10:04 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

If your divorce case was already finalized, you will have a difficult time setting aside your judgment and refiling for divorce in India. If you want to pursue that avenue you would need to consult with a local attorney to see if the divorce decree could be set aside. Then you could try filing in India, but there may be issues of what is the proper country to hear the matter. If both parties are living in the US it may be that the US is the proper venue for the divorce. That would be a complex case with international arguments over which is the proper forum to hear the divorce matter.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 2/21/11, 1:05 pm


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