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needhelp (partner)     15 March 2012

Can indian family court pass any judgement on custody?

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.



Learning

 5 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 March 2012

If the kids are US Citizens. Withdraw the cases in India and contest the same in US>

 

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

needhelp (partner)     19 March 2012

Thank you!  Shonee ji

But she filed for gaurdianship in India and then I filed RCR. If I request to her to withdraw, I am sure she don't agree. If I just withdraw myself, I simply loose gaurdianship. I already proposed to her to withdraw mutually, but she is asking me to give custody to her. I am ready to do that too, provided she shows willingness to share kids, but all my efforts in convincing her going no where.

Please let me know what to do and how to proceed?

Regards,

needhelp

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 March 2012

Now that the kids are in US> Start the custody battle there.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

needhelp (partner)     21 March 2012

I will do that, eventully If I have to.

Thank you!

needhelp

Kumar (Family CEO)     13 April 2012

@ needhelp

I am in nearly the same situation as you. Please drop me a line at reachadamkumar@gmail.com. 

Can US court make a divorce judgement for a marriage conducted in India - no if marriage held under HMA and divorce is contested.  

Not seen the kids for 4 years is pretty serious. You need to open up a child visitation and custody case in US ASAP. Also, nothing stops you from obtaining custody/guardianship from the indian courts and present the same in US to show your concern and interest to bond with the kids. 


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