How to claim custody of children

691 votes

Hai

Quite a complicated question. Since ur on h4. U cant stay there without ur dependant ie ur husband. But since kids are citizens by birth they can stay there. As per indian law they cant stay here after some while. But do apply for overseas cards for them so tat ur stay with them at india wont be a problem.
once u r in indian soil with kids u will be on safe side then comes the question f citizenship f ur two kids.
Keep in touch will enquire on PIO N OCI card options for kids.

Hope am upto ur query

Advocate Manoj George LawRato

730 votes

Dear Client,
Your visa status is H4, which is a dependant Visa, which is supported by your husband's visa H1B. Once you file a divorce against your husband you dependant status will go and you have to leave the US and your husband can take the custody of your kids as per the prevailing law in US because your kids are US citizens by birth and as per the law H1B Visa, as per the concept he is moving to get the Green Card, i.e.US Citizenship. So there is every chance for your deporting is there, once divorce is allowed. Since the US laws are very strict with regard to the protection of women and Domestic Violence committed against women, if you can prove this ground there will be stringent action against your husband and you can stay with your kids. So be care careful before taking taking any action, once you reach India, you can apply for POI (person of Indian origin), you can also get this document from Indian Consulate there too. Be careful and manage life and please understand Adjustment must be there, then only there will be happiness in married life and while taking a decision always think about the kids future. Hope you will take a right decision.

Advocate Sachindas P LawRato

614 votes

Definitely you can claim for the custody of the child so we have to file a petition as per the Guardians and wards Act Section 25 for custody of the child as well as we have to file an interim application for the access as well as the temporary custody of the child

Advocate Anis Momin LawRato

756 votes

You can file custody petition in the family court of both the daughters. If Your elder daughter is major then it is daughters choice to stay as per her choice with either mother or father. You can file custody petition where daughters are staying in that court.

Advocate Sarita Shintre LawRato