From your half Choctaw and half Cherokee Indian came to know that you belongs from certain place of USA.

Mother can have rights to keep child custody.

You can file child custody against them plus defamation case for your disrespect heritage.

You need to file for custody petition  for your son

If they have taken forcible & illegal custody from you then you need to seek it back by filing appropriate custody petition. This will not be like a  standard custody petition between parents. It will be against the state for their illegal action

Why are they asking for hair follicle 

is it for DNA test 

you should cooperate with the authorities if you want custody of your son 

Issue legal notice to authorities to return custody of your son as you are biological parent of child 

if no response is received contact a lawyer and take legal proceedings to recover custody of your son 

Act as mentioned herein above 

Dear Client, 

As per the facts which have been provided, you can file for child custody in the court. 

Courts are bound to consider statutory factors widely considered to be the “best interest” factors. Under the common statutory provision, if the spouses have children together while married, the parents have joint guardianship over that child and the parental rights are equal. Each parent has an equal right to the custody of the child when they separate.

When determining the home in which to place the child, the court strives to reach a decision in "the best interests of the child." A decision in "the best interests of the child" requires considering the wishes of the child's parents, the wishes of the child, and the child's relationship with each of the parents, siblings, other persons who may substantially impact the child's best interests, the child's comfort in his home, school, and community, and the mental and physical health of the involved individuals.

The parent with custody controls decisions pertaining to the child's education, religious upbringing, and health care. Courts have the option of choosing one of several types of custody.

To a large extent it depends on the state where you live. First of all in most states CPS cannot order you to do anything. However if the court ordered it CPS will be the ones that will tell you to get it done and they will be the ones that will get the results back. If CPS orders you to take a hair follicle, and you fail you could lose your children for up to 12 months. If it's a 2nd violation, CPS could terminate your parental rights.

DFCS can implement safety plans, remove children, and initiate deprivation actions.Fighting unnecessarily can delay the return of children or the close of the case. 

You should consult a civil rights attorney or  consult with American lawyer

Dear Madam,

If your son holds USA citizenship and was born overseas then you can not use Indian Court legalities to get the justice in this case. Rest if your son was born and brought up in India and now moved to USA then yes you can file the case in India

Secondly, you can sue your husband in India for your own right and injustice done by your husband covered under the legal framework in India. 

Shall advise connecting with some lawyers in India with complete details of case.

Regards

Vivek Arya

If they refuse to give back your child to you and if the child has been taken away forcibly from you you can very well take proper legal action

If he is not having primary custody, it can be virtually impossible to take the child away from the mother.

What you want to do is take your ex to court to enforce the child custody order. If you can prove that he or she is intentionally withholding the children from you, the court will take action to enforce the court orders

The law does not have a preference over whether or not a father should have custody or whether or not a mother should have custody over a minor child. What the law is concerned with, is what is best for the minor child

In most cases, the return of your child from a parent requires an order from the court. The most common forms of orders you are likely to come into contact with are Child Arrangement Orders and Prohibited Steps Orders.

By vengeful father syndrome: The behavior involved the parent behaving in a purposeful way that was vengeful toward the other parent, often extending to even breaking the law to further the goal of destroying the parent-child relationship and/or punishing of the other parent.

No need to give hair follicle, State cannot keep you child under any circumstances. You are the right custodian of the child. 

- You can file a petition for getting custody of the child before the family Court 

- Further, you can also file a criminal compliant for defamation for disrespecting the heritage .