Legal Question in Family Law in India

Yes you will get the custody of your children from the Court and you can take them to USA as well. What is your status ? Are you a USA citizen by now or still on Green Card ? I hope you have removed your condition on your Green Card by now as you were married in january 2008? Please answer above queries.

in case your wife appears before the court and sates on oath that she is not interested in taking care of the children and also that she has no objection in case the children go to US along with his father, i see no impediment in you getting full custody rights over your children irrespective of their age. father would always remain a natural guardian of his children.

as stated above, she needs to tender a statement in court.

yes you may get custody of children

In my opinion, whether or not, your ex appears before the court, you still would be lawfully entitled to custody of your children in as much as she, your ex, chose to leave them with your parents and has further remarried. The crucial point of evidence is your parents who would depose about your ex having left both the kids with them. Period. that is custody.

Secondly, I do not see from your question your concern as to how to take them in USA. You cannot be US Citizen as the same requires five years continuous stay in USA except for temporary stay abroad. However, if you have, do not hesitate to be specific.