NRI Divorce and Child Custody FIght

You should be able to call his bluff, if you are sure that he is the father of your child, ask him to sponsor your visit.

Since you already have a lawyer there, you do not have to be afraid. I think the NRI guys leverage their status in US for avoiding getting proper justise in Indian courts. Why are you so worried. He is on H1B so still subject to Indian laws.

@ Author

1. You are following US Court Orders till date as well as you are protected by local Laws.
Hence as part of following 'alleged paternety test' of the child you and child are still protected by local Laws ! We donot see any 'alleged threat, duress and coercion' other than 'pressure" on you being childs mother. which is normal for either spouse in such situations and Courts donot intervene as it is not meant as point of Law.


2. You may give instructions to your appointed pleader in US soils to protect / take assurance from local Laws for your and protection of your childs best interests during 'paternity test' phase and accordingly he / she will get for you protection especially "no - communication with other spouse in-person" during test phase. 


We donot see any 'alleged threat, duress and coercion' in stated brief other than 'pressure" on one spouse being childs mother having physical custody till date and it is normal in presented situations when case before floor of a Court of Justice there.
 

you can submit to the court that you do not want to submit to the foreign court's jurisdiction and have your husband move around instead.

Poonam - I dont have a doubt in the whole world about the fatherhood of the child as I know I have been noting but a devoted wife. 

As of now, my only worry if getting in US and not being able to come back with my kid...for any unforeseen reasons...

Thanks for the reassurances  Tajobsindia  

Let me ask you my question in other words: What is the worst that can happen? 

Is there any way that my baby can be taken away from me?

Rajeshwer Rao: The first day when I was served papers in India, I hired an attorney in US and signed that I submit to the US jurisdiction. 

Do you mean to say that I can over turn that? If yes, then pls help in understanding how? I am an Indian citizen and so is he.

Regards,

N

My friend has a similar case going on in US but thankfully they don't have a child. If you want easy and hassle free divorce then I think you can get a better deal in US courts. If not then the doors in Indian courts are always open for you!  Moreover, every state in US has it's own state law. Don't know which state you have your case going on...

I think paternity test is just an eye wash as your husband wants to get the baby from you!! I think you should talk to your attorney regarding this and if possible try to file for 'motion to dismiss'