Friday, June 27, 2014

Hi,I got married in India. Our son was born in USA and then we left USA two years back. My wife decided to stay in India and i came back to ...

Question

Hi,

I got married in India. Our son was born in USA and then we left USA two years back. My wife decided to stay in India and i came back to work. Now my wife is filling domestic violence case along with custody of our son (4.5 years old) in Court in India. Can i am apply for custody of son in US court since my son is US Citizen or do i have follow whatever decision is made by court in India?



Answer

You need to find an attorney who is familiar with international divorces. There is a Hague Convention on this issue but I do not practice in the area. I could not speculate as to which court has jurisdiction.



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