Legal Question in International Law in New York

I am a U.S citizen now. My son was taken away by my husband 11 years ago to India without my consent. He just left for India with my son when I was at work. I filed for custody in India, but I lost, since I was living here in U.S. Can I file an international abduction case against my husband now? Considering that it has been over 11 years, can this be done. Please advise ?


Asked on 1/24/10, 11:45 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

You need to consult a lawyer.

Are you married or divorced? How old is your son now? etc.

Considering that it's been over 11 years, the courts can decide that in the best interests of the child is to remain in the country where he grew up all his life with his other parent. You may think about pursuing some other avenues, such as, for example, asking your son if he wishes to immigrate to the USA and move in with you, etc. You lost custody of your son, as I understand, and his father has a full legal custody at this time.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/29/10, 12:09 pm


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