Legal Question in Family Law in New York

New Born Baby Custody

Dear Sir,

I have been married to an Indian born US citizen from August 2006. The marriage was registered in India. I am pregnant now with my 1st child and I am still an Indian citizen. I have come home to India fleeing from my husband's house in the New York, USA (due to mother-in-law's illtreatment). I have decided to have the delivery in India and not go back to the US. We have not yet filed for divorce. Here are my questions -

1. if my husband claims custody of the baby (to be born in April 2008) , where can he do it ? India or USA?

2. Can I fight the case out in India even if he files in the US?

3. Is divorce mandatory before applying for custody of child?

Do you have any suggestions as to how I can make my case stronger?

Thank you Sir.


Asked on 1/06/08, 11:01 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: New Born Baby Custody

If you have the baby and stay in India, that will be the child's "home state", and NY will not have jurisdiction over custody. The divorce and custody cases can be handled separately; either case may proceed without addressing the other, depending on who files where. You should contact an attorney to discuss the details of your case as soon as possible to figure out the best approach.

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Answered on 1/07/08, 12:12 am


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