Hello Experts,
Please answer my questions.
My wife and me are married in India and we are from India. We immigrated to US long back and got citizenship and had two kids aged 9 and 7 born in US. Many issues caused conflicts between us, we are living apart from last 4 years. Kids are with her, she is not sharing them with me. Both of us lived in India for about 2 years after we are away. During that time she filed for Gaurdianship of the kids and I filed for RCR. After that she moved to US with kids and I too moved to US again. Case is getting prolonged since both of us are not attending, getting postponed in 2 month intervals. Lawyers are saying it came to hearing stage will complete in within 6 months are so, asking us to visit India for the hearings. My problem is I can't get more than 4 weeks of vacation, the same case with her. I am willing to leave my job if continous attendance favors me in the court. I am always willing to reconcile but my attempts are going no where. She is not sharing her wareabouts and not ready to share kids. We both don't want divorce, looks like money also not a high priority for us, but both our interest is kids. I haven't seen my kids from the last 4 years, really worried a lot if it gets delayed further.
My questions are, since we are married in India RCR in India makes sense, but regarding kids custody since they are both born in US and we two are US Citizens and living in US from past 2 years, Can Indian court pass a judgement on kids custody? Even if Indian family court grants me occasional visits, can I file for more custody in US. How they are going to enforce that visitation, if we are living in US?
I can easily defend in US courts for partial custody, but I am trying my best without any suffering by all of us. I don't want any forcefull custody, but it doesn't look like it works without excercising my rights. I don't want to get into any unnecessory litigations, but at the same time I can never giveup for my kids. Is is it advisabel to persue the case for me in US, so that I don't miss my kids.
Please suggest me anything, that helps me in bringing my family close to me.
