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US child of Indian parents - who will have the custody
03-Jul-2023 (In Divorce Law)
Sister and brother-in-law are indian. Married in india. Stay in US. Have a baby boy 4month old who is us citizen. Father on h1b visa, mother on H4. Can mother file divorce and child custody case in india. Will she be given child custody. Can father file divorce and child custody in US. In this case which court order will hold good?
in this case the mother can come down to india and file a case and definately the order of the indian court will suffice and also the custody of the minor child by default goes to the mother if the father is us resident then he can file the case there but the mother shall proceed before the father here in india so that first initiation will help the mother
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Adv. Brahmanand Dube
Navi Mumbai | 400+ Answers
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Hello
Adv Minakshi Ovhal here
she can file divorce petition in India. he can to file for divorce  petition in the US but according to the latest Supreme Court of India  ruling the grounds for divorce should be recognized by the Indian law. more detail information you can call me. Thank you
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Adv. Minakshi Bapu Ovhal Dakhane
Pune | 200+ Answers
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law in India child custody of a child below 7 years must be given to the mother of the child your sister can also apply for custody of the child in India and there are good chance to get the custody all the child
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Adv. Narendra Sharma
Navi Mumbai | 25+ Answers
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