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Can a Foreign National Parent Take the Child to Another Nation, Then File for Divorce

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  • 09-05-2014, 05:15 AM
    soni
    Can a Foreign National Parent Take the Child to Another Nation, Then File for Divorce
    My question involves a child custody case from the State of: Massachusetts

    I am an Indian citizen married to my US citizen husband since 2010. 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 been a stay at home mom taking care of my baby daughter. I also had some post-partum health issues and couldn't focus on career. Currently I am a Permanent Resident and am still living with my husband in the US 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 daughter back with me to India and file for child custody rights in India even though I take up US citizenship.
    (a) Is it worth taking up US citizenship with regard to child custody and if I do will my being a US citizen make it complicated for me to leave the country with my daughter?
    (b) 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 and make me to come back to the US?
    Would appreciate a response. Thanks.
  • 09-05-2014, 06:35 AM
    flyingron
    Re: Indian Citizen Mother and Custody of U.S. Citizen Daughter
    If you are in the US now (I presume you are) the US/Massachusetts has jurisdiction over custody matters whether you ultimately become a US citizen or not. The child is a US citizen and resides here, that's all that's needed.
  • 09-05-2014, 07:06 AM
    Mr. Knowitall
    Re: Can a Foreign National Parent Take the Child to Another Nation, Then File for Div
    You can expect that the U.S. courts will assert jurisdiction over the custody and divorce case, if your spouse files a timely petition. As for what India might do in the event of an international custody dispute where the child is within its borders, I would suggest that you consult a lawyer in India.
  • 09-05-2014, 07:50 AM
    T53147
    Re: Can a Foreign National Parent Take the Child to Another Nation, Then File for Div
    You claim your husband is abusive yet have done nothing to remove yourself and the child from the situation or make it possible for you to support the two of you. If you are afraid for your safety, arrange to go to a domestic violence shelter and the counselors there will advise you of your options.

    If the child does not now have a passport, you should realize that it takes both parents consent or a court order for her to obtain one.

    Your daughter has two parents. Your husband has as much right to custody as you do. You need to consult an attorney before you do anything foolish. If there is a divorce and custody action pending, you should not consider taking the child outside the jurisdiction of the court; such an actions will not work in your favor. Your local bar association can provide a list of family law attorneys; many give free or low cost initial consultations. However, you need to get yourself a job immediately to prepare for the future - and pay your legal bills.
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