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Sunita   01 October 2018

Custody rights for my US born minor daughter, passport exp

Hello, Me, my husband and our 5 year old daughter are all US citizens. I was having some severe health issues with my back for almost 2 years in US. My husband did not want to deal with my health issues, nor was he helping me with any chores with our daughter, and emotionally harassing me for taking expensive treatments in US as part of this health problem was not being covered by my insurance. He was also being nasty to me since I was not able to earn the same amount of money I used to do earlier with my good health. Also not allowing me to keep any help at home who I was ready to pay. I came back to India with my daughter to take care of my health. Now my daughter's US passport has expired before 5 months. My husband is planning to come to India and get our daughters passport renewed. I am worried that once the passport is issued he might try to take the child away with him. Or he might complain wrong things to the authority about my daughter not wanting to stay with me in India. It is very easy for my husband to lie. 1. Should I get my child's passport renewed? 2. What if after renewal he tries to take her away? Is there any court law which can prevent this? Please guide me. We are trying to solve issues between us but for now I know my husband cannot be trusted. What to do? Kindly guide.


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 2 Replies

Vijay Raj Mahajan (Advocate)     01 October 2018

Mere presumption and assumption not good for matrimonial life. Your minor child is in custody for now and shall remain with you even if your husband forcibly try to remove the child and take it out of India you can always contact local police for help. You can immediately move the court of judicial magistrate for restraint order for removing the minor child out of your custody and take it out of country. It hardly matter if the child is US citizen, protection and welfare of the child is important for court to decide here in India and for all purpose the welfare of child is best with the mother as it so seems in the case

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     02 October 2018

Taking away the child from your custody by your husband, for that he has to file a court case.  In India Court cases run years together.  At the most, as he lives abroad, he will get visitations rights and to meet the child he has to come down once or twice in a year, which your money minded husband won't incur.  So, have a good lawyer in your contact and do not start any legal action from your side.  If you have decided to be in India, just refuse him for renewal of child's passport at this stage.  Wait and watch but with priority of bouncing back to normal healthy life.


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