It depends in which court custody is filed.. As America is not signatory to hague convention it will be difficult to get consensus for implementation of custody orders in both countries
Who gets the custody of the kids if they are American citizens
Filing for divorce, Husband will stay in US Wife will move back to India Kids are american citizen After the divorce, who will get custody of the kids?
Asked 3 years ago in Family Law
Religion: Hindu
10 Answers
Generally custody is given to mother .husband would get visitation rights
in alternative court may award joint custody to both parents
Since the children are US citizens and the wife has to leave that country consequent upon their divorce, the husband can file an application for full custody of his children in the interest and welfare of the children before the same US court.
In this situation, the US court will consider among other issues, the citizenship of the children and may give custody to father.
It depends on how strong and properly your US attorney argues in your favor.
the court will consider the age, health, and development of the children when awarding joint or sole legal and physical custody. The court will make the final decision based on the best interests of the children.
If the kids are aged more than 5 years and more so since they are American Citizens, husband gets the custody of kids.
By birth children's are U Citizens, if husband file case before US , contest the same there. Most probably all the court are seeking the welfare of children in custody application .The best interest of the child considered.Father treated as the natural guardian.In most cases in India, the family court gives custody of the child to one parent and gives both parents access to the child.
weather the child is with you at the moment or with your husband. In case child is with you, you can have the custody of child through court. In case the child is in US with your husband then the jurisdiction becomes of US court and suit will be filed there and you have to fight it out there only.
Hello,
- If the divorce is filed with mutual consent, the issue of custody will be a matter of consent as the parties to the divorce will jointly decide it before filing for divorce.
- Assuming that the divorce is filed for unilaterally by one of the spouses, the court will decide the issue of custody on merit taking into account the best interest of the children. The fact that the children are citizens of America in itself does not favor custody being granted to the parent that continues to reside in the US.
- It is possible to convince the Court that the citizenship is advantageous to the future of the children.
Generally custody of children below 5 years of age goes to the mother and custody of children above 5 years of age goes to the father as per Supreme Court. The court while giving the custody of the child has to make sure that the welfare of the child is the most important ground.
Mother gets the custody of kids, but here my suggestion will keep kids with husband. Because your children will treated as NRI and their educational expenses will be very high in India.
Dear client,
The custody of the children will depend on the decision of the court and what is in the best interest of the children. Since the children are American citizens, the court may take into account the custody laws and guidelines of the state in which they currently reside. However, since the wife will be moving back to India, the court may also consider the international custody laws and the ability of each parent to provide for the children's needs in their respective countries.
It's important to note that custody arrangements can vary depending on the circumstances of the case, such as the age of the children, their preferences, the ability of each parent to provide for them, and any history of abuse or neglect. It is recommended to seek the guidance of a family law attorney who can assist in navigating the legal process and advocating for the best interests of the children.
