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.

Since its been 8 months they saw her ,2 weeks ago my Parents brought my daugter to spend some time with her as every other Grandparents do.

but my InLaws suddenly came and took her back with them telling some stupid reason. Not only now my husband and my InLaws never ever let me or my daughter stay in my home.

now I am planning for a Divorse but before that how can I legally give the power of authornee to my Parents to be the Primary care takers till I handover my Daughter

Please give me suggestions.. as I don't want to miss my Daughter. I love her very much.

will there be any Problems from US since my kid is US Citizen


Asked on 12/27/12, 1:13 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

You would have to file a petition for custody of your daughter, either separately or as part of a divorce complaint assuming you have to the grounds for that (presumably you are separated from your husband). However the problem would be that even if you are awarded sole physical custody you would have to get a court in India to enforce the US court order and order your husband and his family to turn your daughter over to you. Your husband might go to a court there to get his own custody order to complicate matters. Some countries are more cooperative in this area than others. It might be a good idea if your parents can contact a family law attorney in their area to consult with him or her to see if something can be done in an Indian court or perhaps through negotiation something can be worked out between the two of you, especially if you both intend to remain in the US.

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Answered on 12/27/12, 1:50 pm


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