Legal Question in Family Law in India
I married a guy from India and had a baby with him. He left me while I was at work and took the baby back to India with him. I want to file for divorce and get custody of my child. I am in usa in the NY area will India court up hold a custody arrangement if the usa courts say that I should have the child because I know in India the Father gets custody of the child. Or should I look for an attorney for custody in India or usa?
2 Answers from Attorneys
What is your residential status in USA? Under what ceremonies you were married?
From the facts, it is possible to file a custody petition in USA. But to be effective file it in India.
You may seek divorce in USA and may also seek a custody order. Armed with the custody order, if granted by US courts, you may seek return of your child from India to USA. The Indian courts usually (a) grant custody of child below five years to mother; and (b) follow US courts orders in the matter of custody.
You have a very good chance of getting custody of your baby.
For any help / clarification, you are welcome to write separately.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
