Hello Experts, Need your advice on my case of mental harassment by my Ex who is in US regarding my child custody. We both were married in India but divorced in US after my son was borne there, merely 8 mths old. Mine was a love marriage & I called him on student dependent later H4. I came to India after divorce with tourist visa of my son. For a year, I tried to message him (what's app) asking his consent for converting my son's visa to entry visa and extend as well but he used abusive languages & threatened to take away my son once he is 3 yrs old (he gave after sometime in email). I stopped messaging him at all. Almost after, 2 yrs I msg him to sign consent form for my son's OCI application. Against which he called me/my parents and said lot of abusive words and msgs as well.At the end, he is sending his parents (which are in India) to my home with stamp papers to sign by me. which says that his parents have all rights which he has and I should allow them to meet my son and spent vacation at their home as well. I've been mentally harassed with all these idiotic behavior, I got hypo-thyroid ism. and feels difficulty at work as well. He is not paying me a single penny as child support which he is suppose to mentioned in the decree. Pls suggest a way out of this. He is threatening to take away & claim sole custody as well. My son is now 4 yrs old.
1)welfare of child is paramount consideration
2) your husband would not get child custody
3) at most court would award him visitation rights
4) in case husband makes application for child custody draw attention of court to fact that husband has not complied with court orders for maintenance
5) dont sign any documents forwarded by your husband
Dear Concerned,
Answering the Last thing first - YOUR Ex will not get custody of child atleast till he is 7 years old. So don't worry.
No - he can not nominate his parent to meet and greet your son - especially in your absence - so need not to worry on that. You need to decide on taking in legal custody of your son, but if you file (which would be suggested to you) custody case here in India you may land up in delaying whole process. You son being US citizen , apply for custody in US only and if your husband does not attends - ex parte order will give you permanent custody. Further - for OCI whenever you come to India come on a visit visa for your son - for the time being dont apply OCI.
Let you husband fall for his our ill deeds.
Best of luck . Stay Blessed.
Thanks for your feedback sir, but I've moved to India after divorce (I'm thinking of PR for Canada, once my son is 5 yrs old).To add, I guess, my ex has converted his visa from h4 to student visa after I moved & might be working at liquor/gas station (on cash basis) for his daily needs. And, if I apply for sole custody in US (which is difficult for me & easy for him), I need his mailing address and he is not providing me the same. And, to have a lawyer in US is damn costly. Being single mother, staying with my retired parents, finance does make me think twice before taking any major steps. Isn't there is smooth way to get sole custody for my child or get rid of my ex. mental harassment.
file application in family court in india and seek sole custody of your child
2) serve the custody application at his last known address
3) if it is returned un served apply for substituted service ie publication in 2 local newspapers in India and in USA
1. In these circumstances you should without delay file a suit for permanent injunction against your ex-husband and his family members to restrain them through judicial command from taking the children out of your custody or even coming near them. Once they succeed in uprooting the children from you then it will be a long drawn legal battle for you to recover their custody.
2. He is liable to pay maintenance for his child as maintenance of children is a responsibility that is to be shouldered jointly by both parents, to which end you can file a case of maintenance against him, but serving him court summons in US will be an uphill task.
Since your child is a US citizen and your husband is also residing in US, he can legally claim the custody of his child.
In fact you cannot hold your child against the immigration laws for such a long period in India.
If he has not paid any money towards the child maintenance, you could have file an execution petition in the appropriate forum at US complying he conditions imposed thereon.
Since he is the biological father of the child, he too has rights over the child equally like you.
He would see his parents happy to see their grandchild so you should not deprive the child's grandparents of their right and love for the child.
If that condition suits you to be privileged to be with yor child for ever in India, why dont you reconsider your decision.
You can discuss with some elders in yor home and decide what would be useful to you in the prevailing circumstances.
but I've moved to India after divorce (I'm thinking of PR for Canada, once my son is 5 yrs old).To add, I guess, my ex has converted his visa from h4 to student visa after I moved & might be working at liquor/gas station (on cash basis) for his daily needs. And, if I apply for sole custody in US (which is difficult for me & easy for him), I need his mailing address and he is not providing me the same. And, to have a lawyer in US is damn costly. Being single mother, staying with my retired parents, finance does make me think twice before taking any major steps. Isn't there is smooth way to get sole custody for my child or get rid of my ex. mental harassment.
You have given your personal reasons as hardships in the circumstances.
There is no anser in law for such types of reasons.
The law involved in the child custody is of a different country and your child is a citizen of that country hence you have to comply with the law and regulations of that country in that respect if you need to have or avail the privileges.
You find for some ways to tackle the issues legally in that country.