Legal Question in Family Law in India
I am a US Citizen.My husband and 2 kids are also US Citizens. We are all living in India for past 3 years. My kids are 3 &5, both girls. We have lived with my parents since we moved back. 3 months ago my husband moved out of my parental house. His infidelity within the family was the reason for our separation. No legal action has been taken by either party so far. I have custody of my kids. To financially support my kids, I have to now take up a job that involves extensive travel within India and abroad. My parents who support me in caring for my kids will take care of them in my absence. If I were to travel abroad for 4-6 weeks at a time, can my husband get/file for custody of my kids who would be with my parents in my absence..
3 Answers from Attorneys
In order to thwart his possible efforts, you may better seek a declaration from court about legal custody of your children and also make an application for injunction restraining him to interfere with your custody. It may be better to contact a lawyer for pursuing your legal remedies.
in these circumstances, unless his files a petition for custody, you should not bother. even after he files a petition, he will not get the custody immediately. he may get visitation rights. your staying abroad for a month or so may be a negative factor but it cannot be a sole ground for him to get the custody considering the age of children.
I agree with the opinion expressed by Shri Gupta. There is no need to preempt the crisis
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