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My son is 9 months old . Me my husband and my son are living in USA. W


28-Feb-2023 (In Divorce Law)
My son is 9 months old . Me my husband and my son are living in USA. We are green card holders and my son is a US citizen. Bcoz of several conflicts my husband is pressurizing me that we all three shall go to India and stay there for 3 months resolve the issue and come back. But I suspect he might not let me come back to USA with the baby because he is scared that I might file a case against him in USA for domestic violence and ground me there in Inida. this way I cannot establish my carrier here. And I become totally dependent on him. But I see a better future and opportunity for me and my son in USA. 1. If I do still risk it and go to india with my son can I come back to USA without my husbands consent? Meaning can the internal Cops stop me from bringing my son who is a USA citizen back to USA without my husbands consent? 2.Can my husband get a stay order in India that prevents me to take my baby to USA ? 3. Am allowed to bring my baby in plane without husbands consent?
Answers (2)

Answer #1
929 votes
Your son being just 9 months old cannot be separated from you. And being a green card holder you are at liberty to travel to and from the US. Only thing is that your husband may approach the court in India to restrict the movement of your son, but he will not succeed. If there was domestic violence that happened in the US it is better to file a formal police complaint so that it will be on record and the same will help you in litigations that may be filed by your husband.
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Answer #2
506 votes
Hi with reference to yout law Rato request you always can file a petition claim a custody since age of child is nine month the custody will be given to mother if he filed any case India. Reg your second query since your child got passport of USA no authority can restrain his travel in India it is legitimate right of every travel every where comes under provision fundamental rights hope I clarified the legal position
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