Legal Question in Family Law in Illinois

Me and wife are from India ,have been staying in Mount Prospect from 2011 Jul.

We are blessed with baby boy in Nov 2012.My in-laws visited my that time.

She was on L1 visa and I am on H1 visa (started from 2012 Oct wanted to stay as long as H1 permits here).Her L1 visa expired on feb 2013,But her i94 is valid till jul 2014.

If She goes back to India she can't come.Thats why i ugred her not go back to India with kid, your visa is expired and she may not come on that visa again.

We both were agreed on the following statement infront of her parents that "If my wife doesn't get job visa with in 6mths after she left here She comes on H4 visa".

She travelled to india with her parents and took our kid with them.She didn't come after 6mths as promissed.I went to India for my kid's birthday.

That time they failed false case on and try atop coming to USA by seizing passport.But Court didn't accept

their concerns they got to know that it is false case and released my passport.

After that She is not showing my kid to me thru SKype or even not giving to me for few days when I visited India.

Can We file cheating case on her? Or What legal actions I can take here.

Can we file divorce petition.She is in India with kid.But I want my kid to be here.


Asked on 11/22/14, 2:32 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

You can obtain a divorce here, but an Illinois does not have the power to determine custody. You ust litigate that issue in India, As you child has been there for over 6 months, Illinois courts no linger have jurisdiction over him.

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Answered on 11/22/14, 2:52 pm


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