How do I get sole child custody if my child is in another country? 15 Answers as of November 01, 2011
My husband is not ready to give me divorce. I don't know where he is currently. He has destroyed my 2 year baby's US passport. My baby is with my parents in India. I am working in US and thus able to support my child and my parents. I am aware that I can file for divorce in USA. I wanted to know if there are chances that I can also get sole custody by default as my husband has never shown up for more than a year and never done anything for my child.Free Case Evaluation by a Local Lawyer!
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Reza Athari & Associates, PLLC | Armand Fried
I am sorry to say that if the child is not in Nevada, the courts will not exercise jurisdiction. I think you need to get a new (replacement) passport for the child and once the child is here, then you can move for custody and in certain cases, if you wish, actually terminate his rights as father so that legally speaking (as opposed to biologically) he is no longer the father of the child.
Answer Applies to: Nevada
Replied: 11/1/2011
The Law Offices of Seth D. Schraier | Seth D. Schraier
If your baby was born in the United States then you should have a birth certificate here. You can use that to help apply for a passport to bring your baby back here to the United States. Once your are able to do that, you can then file in Family Court for sole custody of your baby. Your husband will be required to come and if he does not appear in court the judge may award you custody by default. Before that, we need to get your baby back into the United States and in your sole care.
Answer Applies to: New York
Replied: 10/27/2011
John E. Kirchner, Attorney at Law | John Kirchner
You probably cannot do anything in the US because the child is in India. You need to consult an attorney familiar with international custody cases to get a better understanding of what law applies to your precise circumstances.
Answer Applies to: Colorado
Replied: 10/24/2011
The Law Office of Kem Eyo, LLC | Kem Eyo
Your situation appears on its face to be complicated. It would be risky for you to rely on any advice that you obtain through this forum. Rather, you should speak directly with an attorney so that you can divulge a more complete explanation of your circumstances, and be given more informed advice.
Answer Applies to: Georgia
Replied: 10/24/2011
Alfred Law Firm | Janice Alfred
If your child lives in India, the United States or Georgia is not the proper jurisdiction for a custody matter. Contact an attorney in India for help.
Answer Applies to: Georgia
Replied: 10/24/2011
Law Office of Cassandra Savoy | Cassandra Savoy
I am not sure that you can in this country. The court does not have jurisdiction over a child in another country.
Answer Applies to: New Jersey
Replied: 10/24/2011
Donaldson Stewart, PC | Monica H. Donaldson Stewart
You did not indicate whether your child has ever resided in Arizona and if so, the length of time the child has been out of the country. Although you may be able to get divorced from your husband, the court might not be able to enter orders regarding custody of your daughter. I recommend you speak with an attorney to discuss your options.
Answer Applies to: Arizona
Replied: 10/24/2011
Gonzalez Law Associates P.C. | Carlos Gonzalez
You may gain what is termed physical custody, but in all likelihood without showing good cause through litigation the father would be entitled to some visits.
Answer Applies to: New York
Replied: 10/24/2011
Law Office of James Bordonaro | James Albert Bordonaro
Generally, if the child is in India, you are going to have jurisdiction problems. You really need a very specialized attorney who knows international family law.
Answer Applies to: Kansas
Replied: 10/22/2011
Ashman Law Office | Glen Edward Ashman
You need a lawyer in India.
Answer Applies to: Georgia
Replied: 10/21/2011
Vincent J. Bernabei LLC | Vincent J. Bernabei
Your child has to reside in the US before you can get custody in a US court.
Answer Applies to: Oregon
Replied: 10/21/2011
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
You should file for the divorce and ask the Judge to award custody to you.
Answer Applies to: New Jersey
Replied: 10/21/2011
Law Office of L. Paul Zahn | Paul Zahn
If your child lives in India, you will need to seek orders there unless there is no order, in which case you can just bring your baby here, then file for an order.
Answer Applies to: California
Replied: 10/21/2011
Law Office Of Jody A. Miller | Jody A. Miller
Custody is a very fact specific issue, but from what you described, you should have a very good case for sole custody. You need to hire an attorney to represent you through the process and make sure it's done correctly. I don't know what you mean by "default" - this is why you need to see a lawyer and be represented - there are ways to obtain a divorce and even custody when you do not know where the other person is, but it is very technical and requires legal representation.
Answer Applies to: Georgia
Replied: 10/21/2011
