Legal Question in Family Law in India

Re: Child Custody - Paternal rights

You have the option of filing petition for custody when child is no more an infant that is dependant upon his mother. While desiding the benefit, the court always keeps in view the paramount interest of the welfare of the child. Finincial aspect is only one aspect. Which you are banking upon. This may not be enough to decide the future of the custody of your child. Bringing her in US environments may notnecessarily appeal to the court deciding your application. If may interpreted adversely keeping in view the cultural differences and difference of values. For e.g. 13 year old girl going out for a date would mean nothing to Americans but would be a great shock to Indians (no matter how much hypocritical the Indians are for sake of argument)

For the welfare child other factors like how much time you can devote to your child. Who would lok after her in your absences. What is your life style. etc. So many other factors would be agitatied. I m only making you aware of it. The discretion of judge is very great in this matter, If there is nothing wrong with charecter, health and social status of the mother, there can not be reason why the child should not remain with her in the event the judge comes to the conclusion the besides education & money you do not have anything to offer to your darling child.

Re: Child Custody - Paternal rights

Yes, you can surely file for custody and have a good chance to succeed.