Legal Question in Family Law in India

Child - Sole custody (move frm India to US)

I am a divorcee with an 8 year old daughter living in India. My ex has no visitation right. He wants nothing to do with my daughter or me and he has not seen us or paid any child support in the past 7 years. Now, I have a job opportunity in the US and I plan to take my daughter with me. Should I have to seek court consent to take my daughter out of the country? I have no idea where my ex lives (not even the country) and I am not sure if I need his consent. Please advise how I should proceed in order to take my daughter with me to US.


Asked on 10/02/07, 5:14 pm

8 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Child - Sole custody (move frm India to US)

You do not need court or anyones consent.

Read more
Answered on 10/03/07, 5:45 am
rajeshwar sharma rajeshwarnathsharma

Re: Child - Sole custody (move frm India to US)

No but before taking, go through the divorce order and if there is any condition or undertaking than fallow that

Read more
Answered on 10/06/07, 10:13 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Child - Sole custody (move frm India to US)

If there are no restrictions imposed by any court in the custody orders permitting you custody of your daughter, you are at liberty to take her to USA without informing ur ex.

Read more
Answered on 10/05/07, 5:45 am
Jayesh Desai Jayesh Desai

Re: Child - Sole custody (move frm India to US)

Your divorce order must be specifying this.

Read more
Answered on 10/04/07, 3:40 am
Prabhat Shroff Shroff & Company

Re: Child - Sole custody (move frm India to US)

No, you do not need ant court consent

Read more
Answered on 10/03/07, 1:04 am
Nandita Haldipur Haldipur Associates

Re: Child - Sole custody (move frm India to US)

unless there is any restriction to take you child out of india there should not be any problem no consent will be required

Read more
Answered on 10/05/07, 10:14 am
G. M. Gupta gmguptaandassociates

Re: Child - Sole custody (move frm India to US)

nothing sort of consent of is required. do what you want.

Read more
Answered on 10/04/07, 6:53 am

Re: Child - Sole custody (move frm India to US)

As such you donot require since the custody is with you.

Read more
Answered on 10/04/07, 8:01 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India