Advocate S.K.Prabhakar Shetty practices at City Civil Court Bangalore, Karnataka High Court, Karnata... Read More
Can An Indian Citizen Mother Take Up The Custody Of Us Citizen Daughter
I am an Indian citizen married to my US citizen husband. I have a 2 year old baby girl who is a US citizen. There has been some friction in our marriage with my abusive husband who had threatened to take away my daughter from me and was asking me to leave the child with him and go away because I am unemployed and have been a stay at home mom taking care of my baby daughter. I also had some post-delivery health issues and couldn't focus on career. Currently I am a Permanent Resident and am still living with my husband who is insisting that I take up US citizenship shortly. My worry is if my husband were to start divorce proceedings in the US and file for child custody rights, can I take my child back with me to India and file for child custody even though I take up US citizenship ? Will being a US citizen make it complicated for me to leave the country with my daughter? Will the US courts have jurisdiction over the custodial rights of my child even if I were to move back to India as a US citizen ? Would it be better to avoid taking US citizenship ?
- Sector-1, Noida
Answered on 28 Sep 2018
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