Legal Question in Family Law in California

Please let me know how do we proceed for filing child support from India to US as my child is a US citizen and living with me in India due to visa issues and my husband living in states as he sent my child to India??


Asked on 5/20/17, 12:21 am

1 Answer from Attorneys

The US does not have jurisdiction to issue child support orders for a child living in another country. The residence of the child, not the father, controls jurisdiction in child custody and support cases. Unfortunately, because India refuses to become signatory to the international agreements most countries have signed on international child custody cases, you will also find that the Indian courts and U.S. courts have a near total lack of coordination in such cases. So even if you obtain Indian support orders, you would find them hard (not impossible, but very difficult and expensive) to enforce in the U.S. Unless you can get to the U.S. and reside here for at least six months with the child, you will have a very hard time collecting child support using the U.S. legal system.

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Answered on 5/20/17, 11:26 am


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