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Getting Child Custody of US born child of Indian mother
28-Nov-2023 (In Family Law)
My husband and I are both Indian citizen and staying is US for 10 years and our child is US citizen by birth. I & my came to India and my husband filed for divorce & custody of our child in US court. After this I filed for Child Custody and support in Indian court. My husband lawyer appeared in Indian court and he told the court "I even if husband gets child custody from US court he will not enforce that order in India and Indian court refused custody to me. Should'nt the India Court ask husband to withdraw divorce & custody case from US court since both are Indian citizen?
Hi, Let me clarify that law will applicable for that Country where you live. You can file the case of divorce and your child custody in India as well. That depend upon many facts. After discussing all the facts the proper guidance can be given accordingly.
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Adv. Vikas Nain
Delhi | 100+ Answers
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You certainly have a good case. With full details can help you. In number of cases supreme court of India has refused to recognise foreign divorce. However it depends upon facts and circumstances of each case.
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Adv. Charu Mathur
Delhi | 25+ Answers
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Pl. make this clear weather the child is with you at the moment or with your husband. In case child is with you, you can have the custody of child through court. In case the child is in US with your husband then the jurisdiction becomes of US court and suit will be filed there and you have to fight it out there only. In any case you can fight the case of custody of your child.
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Adv. Pradeep Mathur
Delhi | 25+ Answers
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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.
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