- This topic has 3 replies, 1 voice, and was last updated 12 years, 11 months ago by Anonymous.
11/09/2009 at 9:58 PM #120AnonymousGuest
I am in USA with my son age 8 years and my wife took my daughter (9 years). Both are indian citizen but green card in usa.
Is there anyway I can get my daughter back as my wife is not willing to come back and join me here.
Is there any way that my wife can get my son back to her.
12/09/2009 at 4:31 AM #932AnonymousGuest
Getting daughter back for you: very difficult
For them to get son from you: very difficult
The addl complication is you are in US and they in India but it may also be in your favour in terms of son custody.. DO NOT let your son to go to them if and when you come to india, I can’t repeat it enough times.. India is not signatory to hague convention on child custody… any order passed by US court on child custody to you has no meaning in India.
I think I have replied on your case details in saveindian family yahoogroup already. You can read there too.
For child custody, you have to educate yourselves on law & judgments. It is NOT based on truth or guilt of the husband/wife parties. It is solely based on where the child is set and adjusted in terms of education, emotional health, family support etc.
Read my blog there are many posts on click child custody visitation link on right:
12/09/2009 at 6:49 AM #933AnonymousGuest
when custody issue comes, that means marriage is on the brink of divorce, so desperate women can do anything to get cusotdy and MINT easy money with maintenance.
she may file some false case on you and force you to come to india, as you are still Indian citizen, no matter you hold GREEN card or RED card, everything is possible to women in india.
You can report it to INS and cancel her visa same time indian authority about Abduction of your daughter from Fathers custody. and proceed with other legal proceedures.
14/09/2009 at 2:33 PM #934AnonymousGuest
Are you divorced? if yes, you might have the custody agreements. if there is a custody agreement, there would have been a point not to move the kid out of the county or state.
If there is such an order, go a head and file a kidnap case on your wife at your nearest family court. Make sure a non-bailable warrant is issued. If she comes to USA, there is a high probability of getting her arrested at the port of entry. If she is arrested, you can get the custody of the daughter. When you establish a pattern that you are deprived of access to your daughter, then the judge will not give the custody back to your wife.
If you are not divorced or don’t have the custody agreement, then you have to apply it. But, do not visit India with kid. That can prove fatal. I believe you will be much happy dealing with law in USA than in India. Good luck
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