How to modify child custody order across USA and India
Me/ex-wife got married in India as per Hindu rituals. Got divorced in US after 8 years of marriage. Both of us are naturalized US citizens and have OCI, daughter (now 13) was born in the US.
After divorce, ex-wife moved to India because she didn't work and took daughter with her. I agreed to 100% physical custody because of their move to India. I visit my daughter once/twice a year. Today my daughter called from a neighbor's phone because her mother beat her. I talked with the neighbor (who has similar age daughter) in detail later on and found out that my daughter is being mentally and physically abused. Ex-wife does not work and has no intention of working and is living off the child support I provide every month.
Considering that the divorce decree was done in the US and she has full physical custody, what are my options to get my daughter back legally? I'm ready to bring my daughter back any given day and don't want her to suffer for another 5 years till she turns 18 because this may have devastating effects on her for the entire life.
1. Do I need to file a custody modification here in the US? considering the other party (ex-wife) is in India, this would be problematic if the court wants both parties to be present?
2. Is filing a case for modification in India a viable option? I have no idea if that verdict will be applicable here.
Asked 1 month ago in Family Law
Just a follow-up question: I would most likely prove to the court in the US about the abuse. Considering we are in 2 different countries and also the fact that virtual access to my daughter is rather limited (mother doesn't allow talking regularly, monitors email, speaker phone kept on during my conversation with daughter so she could listen), how should I go about collecting admissible evidence?
My daughter sometimes gets 5-7 minutes around the neighbor (who helped to bring these problems forward). I talked to the neighbor today and she is willing to help me out in any possible way.
1. Should I ask her to video record my daughter speaking about the abuse? Will this be admissible in court?
2. Should I ask my daughter to hand-write the issue and give it to the neighbor?
3. I have some emails from ex-wife in which she comes across mentally unfit. Are these emails admissible? What are the ways to authenticating them?
4. Any other legally admissible ways to gather evidence?
Thank you for your advice.
Asked 1 month ago