Legal Question in Family Law in Nebraska

Child custody of American citizen of Indian parents ?

I am in H4 visa, my husband in H1 married (christian marriage) in India for 2 1/2 yrs. I have a 8 months old son born USA, Ne. Now I and my son live in India for the past 3 months and my husband live in USA. My son has a PIO till 2024 and US pasport till 2014.

1) can my son stay back in India? How long?

2) Can i extend his US passport from India?

3) If my husband fils for a divorce in US, with whom will my child be?

4) Is it good for me to apply for a divorce in India? or wait for my husband?

5) In what ways can i get the custody of my child?

6) Can he claim the child since he is a US citizen as I am in India now if i dont file any divorce?

Asked on 7/12/09, 10:23 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Child custody of American citizen of Indian parents ?

1. Your son may stay here till he is minor or till he has PIO which ever may be later

2. Yes.

3. The court may decide about custody. The US court may not have jurisdiction to grant him divorce/custody.

4. Your choice.

5. You may apply for custody in the local courts in India.

6. That may not be a valid ground to claim custody;

Read more
Answered on 7/13/09, 12:39 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Child custody of American citizen of Indian parents ?

in case the child is in india, even though the child is an american citizen by birth, still he would be governed by indian laws as you are a citizen of india. the custody laws of india would be applicable in your case and your husband cannot take the child from you as the child needs your care and protection. secondly, you can extend your child's visa by visiting american embassy in Delhi in 2014. as the child is PIO, there is no problem for his stay for next 15 years. it is upto you to apply for divorce in india and you may also seek permanent custody of the child.

Read more
Answered on 7/13/09, 12:53 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: Child custody of American citizen of Indian parents ?

You can apply for a divorce and custody here in India.Your son can stay here a slong as he can by extending the status in the consulate of US near you.

Read more
Answered on 7/13/09, 4:45 am

Re: Child custody of American citizen of Indian parents ?

First file the PR for your child in India and then your case would be strong. you can file divorce in India but you should concelt an efficent lawyer about every aspect in detail before proceed.


[email protected]

Advocate, M: 09814110005

We also deal in every High Court of India.

For detailed query feel Free to Contact us

We have a team of Advocates, having office in almost every High Courts of India

Our team consist retired judges and Senior Advocates also.

We are able to guide and solve the cases efficiently.

We also have channel partners in various other countries also.

We strive for your rights.

Good Luck.

Read more
Answered on 7/13/09, 5:07 am

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Nebraska