Legal Question in Family Law in Maryland

I am an Indian Citizen, residing in US on permanent residency/green card, recieved in 2011. I got married in India by hindu ritual and also in court in 2007. Later I moved with my husband to US and have resided since then here in US and I am Working , visiting India only to see family. I have a two year old daughter. She is now in India (she went to india in Nov 2012). My daughter has a PIO till 2030 and US pasport till 2020.

I am planing to visit india for 1 month and after coming back I am planning to live seperately with my husband.

I want to bring my daughter to US after 2 months with my parents once I get settled here.

will there be any problem from my husband while bringing her back and she staying with me seperately.

can I have any way to avoid him meeting/taking my Child away from me?

can you please give me some suggestions..


Asked on 1/02/13, 1:56 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

To protect yourself against your concern about losing control over your daughter, after you return from your visit with your daughter you should file a petition for custody in your county circuit court. Until then you have a right to maintain de facto custody over your daughter. In any custody order you should seek a provision that prohibits your husband from taking her out of the country without your permission. He will be entitled to visitation so there is always the risk of him violation such a restriction, but if control her passport and have legal custody he would have to go to some lengths to do this.

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Answered on 1/03/13, 6:33 am


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