Legal Question in Family Law in Florida
can i get indian citizenship for my child
my husband is white american a US citizen married in india in church as well as court in india , we have a child together born in US , if there is a bad enviroment for child here, can a indian citizen motherwho is a greencard holder of usa can take back the child to india and get her indian citizen ship and raise her up in india ?my inlaws are trying to separate me and child and they say that i dont have any right to take her back to my country in india and raise her up their,my husband says he can visit india to see us,my inlaws are trying to spoil our marriage and separate all of us?in laws are trying to destroy our marriage as well as to get back our child permanently.Im a good mother i cant live without our child.since our daughter born here in usa she belongs to us citizen father not to indian citizen mother.my husband married me in india legally.ca you say my rights here.im indian citizen and my husband is us citizen but married in india in church as well as court in india ,child born to us togther in usa , want to know my rights on my child to raise her up in india and how to get a indian citizen ship for my child who is 4 month old.
1 Answer from Attorneys
Re: can i get Indian citizenship for my child
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
While you may be able to get Indian citizenship for you child, you will not be allowed to leave the United States without the expressed written consent of the father who has equal parental rights to the child. This is not a decision that you can make on your own. Rather, both parents have to agree for you to leave the United States with the child. If you try to leave without the written consent, you will most probably be stopped in the airport by Homeland Security and not be allowed to leave.
Your rights to raise the child in India are equal to the rights for the father to be able to have the child raised here or wherever he may choose. It is up to a court to make a determination if the rights are in conflict with each other.
Scott R. Jay, Esq.
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