Legal Question in Family Law in New Jersey

Dear Sir/Madam,

My name is Adam, I am originally from from India, living in US since 2003 and currently working in here on HI-B visa, my wife was here on H4 visa (my dependent), we have a son who was born in US in July 2010.

My wife took our 3 month old son to India on the pretext of meeting her ailing grandmother, now she does not want to come back, she does not even pick up my phone calls which I make to know the welfare of our child. While she was in US too she behaved very badly with my parents who had come from India to help her during her pregnancy.

Although me and my wife are Indian citizens and got married in India, our son is a US citizen. I want to initiate legal action against my wife for taking away our son from me by deceit and now not allowing me to even know his welfare. I don't know if my son dead or alive, she doesn't pick up my phone and I have no contact.

If the court decides that our son will be in the custody of my wife, I am fine with that, but I want to court to decide that and not my wife.

Considering my situation, please advice what legal options I can initiate against my wife in US, because although we are Indians, I live in US and our son is a US citizen.

Kindly advice.

Regards

Adam


Asked on 11/07/10, 8:23 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

A divot proceeding.

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Answered on 11/14/10, 8:14 am


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