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Child custody of us citizen kid
26-Aug-2026 (In Divorce Law)
Separation proceedings are going in the us. Now I’m in India with kid. Both husband and wife are Indian citizen , got married in India. I recently travelled India and then my husband filed restraining order there for changing residence of the child. How can I get full permanent custody of my child in India. If filed sole guardian petition in India , is there any chance of dismissal of the case as one case is already going in the us. What will happen to the us case? Looking for genuine advice
If both husband and wife Indian citizens and the divorce of both the citizens would be done in India only this separation process in USA won't be valid in India and as both of the citizens hi Indian remind me to file and another case for divorce in India to get separation, now the question is about the custody of child have the child is also an Indian citizen then you can file for custody of the child as you already have the custody, you might no need to file anything as in India believed in principal of that mother is the natural guardian of the child, the study of the child depends solely on the citizenship of the child, if the child is an US citizen the custody of the child will be filled in US only but if you have taken the child in India without a valid process and and you diligence the husband cannot take the child away from you and extraction of a child from India by us authority is most unlikely as child is a minor such force might not be used in your case
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Adv. Moksh Jain
Adv. Moksh Jain
Mumbai | 100+ Answers
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If your child is five or under five, the custody will be with you. the supreme court in India is very clear that custody of kids under five in India shall be with mother's.
US and India do not have any bilateral treaty to enforce judgements in each others countries. so you can file for sole custody of the child in your hometown under the guardian and ward act. you can also mention that you have no issues offering visitations to father or virtual contact through video conferencing.
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Adv. Subhedar Amar Ali
Adv. Subhedar Amar Ali
Mumbai | 5+ Answers
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I can help you with this matter. Since the child is presently in India, a guardianship/custody petition may be maintainable here, but the pending US proceedings and restraining order will be important factors. An Indian court does not automatically dismiss the case merely because proceedings are pending in the US; the paramount consideration is the welfare and best interests of the child, though the foreign court's orders and the child's ordinary/habitual residence will be carefully examined. The US case may continue independently, so the matter requires a coordinated legal strategy to protect you from adverse orders in both jurisdictions.
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In each country, their own law prevails over the other country even if the other country in question is the US itself.
However, upon looking into your case that is going on in India and the US, a caall can be taken..
If you’re talking about dismissal, then you need to be clear on as to which case you want to be dismissed, however, it’s not that easy for a case to be dismissed as child custody in India, as any other country is a very big deal and might take some time for you to procure order in your favour. I would like to know the age of your child and your child’s nationality whether it was born in India or the US.
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Adv. Parth S Barot
Adv. Parth S Barot
Mumbai | 5+ Answers
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The Indian court may consider jurisdiction, the child’s habitual residence, and the pending US proceedings. A guardianship petition is not automatically dismissed, but parallel proceedings can affect relief. Seek counsel in both jurisdictions urgently.
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Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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