Legal Question in Family Law in Nebraska

Re: Child custody of American citizen of Indian parents ?

1. Your son may stay here till he is minor or till he has PIO which ever may be later

2. Yes.

3. The court may decide about custody. The US court may not have jurisdiction to grant him divorce/custody.

4. Your choice.

5. You may apply for custody in the local courts in India.

6. That may not be a valid ground to claim custody;

Re: Child custody of American citizen of Indian parents ?

in case the child is in india, even though the child is an american citizen by birth, still he would be governed by indian laws as you are a citizen of india. the custody laws of india would be applicable in your case and your husband cannot take the child from you as the child needs your care and protection. secondly, you can extend your child's visa by visiting american embassy in Delhi in 2014. as the child is PIO, there is no problem for his stay for next 15 years. it is upto you to apply for divorce in india and you may also seek permanent custody of the child.

Re: Child custody of American citizen of Indian parents ?

You can apply for a divorce and custody here in India.Your son can stay here a slong as he can by extending the status in the consulate of US near you.

Re: Child custody of American citizen of Indian parents ?

First file the PR for your child in India and then your case would be strong. you can file divorce in India but you should concelt an efficent lawyer about every aspect in detail before proceed.

Regards

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