• Child custody case

I am a us citizens my daughter was born in india but the child is a us citizens now  the  mother is indian  child is almost  4  years  but I would like to bring her to the  USA for her best interest,  if I faile for costody in india  what will  be the  out come from  this  case  ?
Asked 1 year ago in Family Law from United States
Religion: Hindu
1) you can seek joint custody of the child 

2) in one recent case in bombay family court granted joint custody to both parents of 8 year old child

3) actual physical custody was given to mother for 183 days and father for 182 days 

4)in your case since you are located in USA it would affect child  studies if she were to stay with you for 182 days . 

5) you can claim custody during her summer vacations / Christmas holidays so that she can stay with you also 

6) you cannot bring child to USA if you lose the custody case 
Ajay Sethi
Advocate, Mumbai
23124 Answers
1214 Consultations
5.0 on 5.0
1. The citizenship of the child and the parent is not the determining factor as far as custody of the child is concerned.
2. So if you file custody suit in India where the child is presumably residing the court will decide what is best suited for the child as the welfare of the child is the paramount consideration of the court. With the development of India in leaps and bounds the USA is no more placed in better footing than India.

3. If the custody suits fails to give favorable decision to you then custody suit fails. However you will get opportunity to meet the child s per the directions of the court as the visitation of child by the parents is valuable right and no court takes it away from the parent concerned.
Devajyoti Barman
Advocate, Kolkata
5164 Answers
54 Consultations
4.9 on 5.0
1. Nobody can foretell the outcome of courtroom battle, more so a case which is yet ,to be filed.

2. Your query is silent on details as to for how long the child is with her mother,  the duration for which she stayed with you and the cause of rift between you and your wife.

3. A case for child custody is decided on the touchstone of the welfare of the child. The parent who is in a better position to provide the welfare of the child is normally given the custody.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
As per the law until the child completes 5 years the mother has the every right to keep the child in her custody and it cannot be challenged unless there exists certain essential grounds which may affect the welfare of the child.

The Bombay High Court has held that a father cannot take away custody of a minor child from the mother if the latter has separated from him. Not only the divorced lady but even one who has remarried after the dissolution of her first marriage can be allowed to keep the minor child if the consider that welfare of the child is more secure with her then the natural father. The earning capacity of the parent does not determine custody but the capacity to provide a safe and secure environment does.

There are instances where father has been granted custody of minor child if it was found that the welfare of the child not secure while staying with the mother.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
If there is any dispute between you and your wife then she will be fight the case and on this situation it is very difficult to get custody of the child but you can get only visitation Rights.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Hi, normally custody of the child given to whom where child can live comfortable.

2. If you able to prove before the court that in your child can live happily then the court will handed over custody to you only.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
How come your child has attained the status of US Citizen?
Well  you can  file a Child custody case giving the facts and reasons for seeking custody clearly in  a petition to be filed in the jurisdictional court in India where the child is now residing with her mother under the provisions of Guardian and Wards Act. This will fetch you the desired relief. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
If you loose the case then the child would be under care and custody of her mother. But you can always look after her monetary requirements. You may also ask for visitation rights and convince your child to join you in US. If she agrees and is mature enough to make decision then may be at a later stage you may make a fresh application in the court for her custody in order to take her to US because the court will ask the child what is her wish. 

Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0
1. You can file a child custody case in India demanding her custody on the ground that you are better equiped to give her excellent education for making her futute bright than her mother,

2. The welfare of the child is the prime consideration while pssing order for child custody,

3. Mother is the natural guardian of a child till his/her 5 years of age,

4. If you file the case now, by the time the matter will come to argument stage, she will become 5 years plus in age,

5. Engage a lawyar having xpertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
If a case for obtaining custody is filed then the court would look into the welfare of the child and if the court thinks that her welfare is with the father, the custody may be granted to you. Usually a daughter custody for a tender age is granted to the mother but if the mother is careless and is not taking care of the child, it would give the custody to the father. Hence you would have to contest the case on merits and if you loose, the child would have to stay in india.

It is not clear how the child now is a US citizen. is the mother also a US citizen? If yes, it is advisable to file custody case in the US courts.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Custody of children below the age of 5 years is usually given to the mother. After that the application can be moved before the competent court of jurisdiction by father for custody of child and the Hon'ble court decide the same after taking into consideration the welfare of the child. The custody, if given to mother, the father is given visitation rights to meet the child on regular intervals and vice versa.

The Courts in India take into consideration many aspects and factors before deciding the issue of custody of child and to the top of it, the welfare of the child is of prime importance. 
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0

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