Arun K 08 July 2024

Child custody of us citizen child born to indian parents

Hi Sir / Madam, I am a Father (Indian Citizen) of US citizen child (5 years old boy child) and Mother ( Indian Citizen - living in Canada as NRI). We have a child custody case going on in High court. Child was living with mother before ( Till she was in India) and currently child is with Father for summer holidays for a month. Child's maternal grandparents filed a case for custody of the child till mothers reunion with child in Canada. Could you please let me know what are my chances that I will get custody of my child as I am in India with child now.

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Quick Summary

This discussion addresses a complex child custody case involving a US citizen child born to Indian parents. The father, an Indian citizen, currently has the child in India, while the mother, also an Indian citizen, resides in Canada. The maternal grandparents have filed for custody, leading to a High Court case. The father is seeking to understand his chances of retaining custody, especially given the child is currently with him. The advice highlights that grandparents generally have limited rights unless there are specific allegations against the parent caring for the child, but stresses the need for detailed legal consultation.

3 Replies

T. Kalaiselvan, Advocate (Advocate) 08 July 2024

Without knowing the case details and the other background any opinion given may be a misguidance, however a hint that if the child is with one of the parents under the care and custody then the grandparents have no rights to claim child custody for any reason unless and until there is any specific allegations against the caring parent.