LawRato

Spouse left to India with child how to apply for the custody of child


31-Jul-2023 (In Divorce Law)
I live in the US and my wife left to India taking my 2.5 year old daughter and said she will not return. This is 3rd time she is doing this in 6 year of marriage. I am thinking of Divorce but I would want my daughters custody and she is a US citizen. I have sent her an email asking her to let me know the status of the kid weekly. 1. What should I be doing to make sure if I file for divorce and file for kids custody that I do all the due diligence as a father to my kid when my spouse too the kid away from me. 2. My spouse does not work now so I am the only income producer for the family. I want to know what are the chances of me getting my daughters custody? If my spouse fights for the custody what kind of child support am i looking at if the court decides to have the kids grow with her mom? Appreciate your help in this regard.
Answers (2)

Answer #1
615 votes
since the child is in custody and care of the mother in India and the age of the child is around 2.5 years, you need to file the custody case herein India. Further the court will not grant the physical custody of the child to you since it is less than 4 years rather you will be given Visitation Rights.
Answer #2
945 votes
You need to approach court for custody of child and need to show that the spouce is not maintaining your kid properly. If the child is below 5 years, normally the custody of child will be given to mother.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."