Legal Question in Family Law in New Jersey

Re: Custody Jurisdiction in NJ

As regards your query, You need to immediately consult a lawyer who is specializing in private international laws. You can definitely seek appropriate legal recourse at your end in India under the governance of Indian Legislation. You may note that any order obtained by the foreign court is not always valid and cannot be always enforced in India unless properly tested before High Court of the appropriate jurisdiction where either of the parties resides. Hope this should suffice your query in brief.

Re: Custody Jurisdiction in NJ

Dear sir,

Since the matter is subjudiced in courts hence related papers are required to be examined.Restitution of conjugal right filed by you and the divorce petition filed by your wife are two distinct cases hence both cases can be tried by said court but the US court has to pass the order only in light of Hindu or Indian marriage Act.Since the child is in India hence as per Indian law the custody case can be tried by court where the child is residing. There are grounds under which the legality of order of US Court can be challenged and there are set principle under which the order of US court is binding but the applicability of the same is required to be examined in your case.

For any other assistance you may cal on my mobile 9873343288.

Thanks.

Siddharth

Re: Custody Jurisdiction in NJ

You wife can file for custody if the child resided in New Jersey for a significant period of time. If the child was born in New Jersey custody is even more solidly grounded in New Jersey.

Your wife can filed for a divorce

complaint in New Jersey if she resided in New Jersey for at least a year prior to filing her divorce complaint.

The filing of a prior complaint in India could raise jurisdictional issues, but it might be asked whether the marital residence was in India or the USA and whether New Jersey is going to recognized a divorce action which you filed so shortly after returning to India.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Custody Jurisdiction in NJ

Your wife can file for custody in NJ; and also for divorce. However, it may be difficult to execute the US decree in india, since after obtaining the US decree, she may have to initiate execution proceedings in the Indian Court which may take a long toime and which may be successfully contested by you to your benefit.

In any event, since you have filed proceedings in India, it may be advisable for oyu to get the proceedings expedited as much as possible and get orders.