Legal Question in Family Law in India
Hi Lawguru team,
thanks for previous cooperations,
Most probable I might get legal & physical custody & permission from court to take kids out of country and my ex-wife might get visitations rights like calling by phone, internet and meeting personally few times in year, since she is not ready for no-visitation rights, but she is cooperating on other issues.
My question is that if I file petition for my kids from USA will these visitations rights to mother in custody documents create any complications at the time of immigrant visa? if yes than what kind of complications?
4 Answers from Attorneys
you cannot file a petition in US for your kids who are living in India. you need to file the petition here in india and only after the indian court passes an order in your favour, you may take your kids along.
yes thats right..... u can appoint a power of attorney who can lead the case here
but until the decree is not of India
immigration will create problem ... u need to take custody from Indian courts as the kids are still Indian citizens and lives in India
What is your status in USA ? Are you a American Citizen or a Green Card holder ? In both circumstances you can take your children on V visa to USA. You are suppose to file for custody in India and not in USA because children are located in India as of now.
the petition is required to file in India.
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