Legal Question in Family Law in Texas

I and my wife are Indian citizens (residents of Hyderabad), we got married in India and have a 2yr kid who is a US citizen by birth. Currently my wife and the kid are in India, a month ago I was there to visit them. Unfortunately my wife and I had a dispute and she made a police complaint full of false allegations. In the FIR report she had mentioned me as the accused #1 and then my aged parents and 3 sisters as a#2,...a#6.

I left to US immediately when I came to know about the police complaint but I left my kid with my parents. All my family is currently hiding and waiting for the bail petition to approve.

Since now I am in US and the kid is with my parents, we are suspecting that if the bail petition is approved they may file for the child custody in India but is there anything that I can do here in US that can secure the custody of my child and I can bring him to US hassle free?

Also my wife has H4 visa (defendant) stamped, her passport is currently with me. Can I cancel her H4 visa?

I was told that I am safe as long as I am in US but in case if I have to go to India due to some emergency will they arrest me? If so what are the precautions that I can take to avoid such situations?

I would highly appreciate your prompt response.

Thanks!


Asked on 3/31/11, 12:37 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

I can't tell you what will happen to you in India. You'll need an Indian lawyer to help you with those issues.

You need to have your child returned to the US as soon as possible.

One thing you can do is file for divorce in the US. If she files for custody in India, ask the lawyer in India to file a motion to abate the Indian proceedings until the US preceedings are complete. That will have the effect of shutting them down. But that's an American procedure--not sure of the exact protocol in India.

Also, once you file, you will need to serve your wife. Personal service is best, but that means you'll have to get citation and notice from the US court to an Indian constable (or other process server). If you can't personally serve her, you'll need a Rule 106 affidavit from the Indian process server so you can seek alternative service or service by publication.

I'm sorry you and your child are going through all this.

Good luck!!

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Answered on 4/16/11, 11:11 pm


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