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Child born in US and parents getting divorced
- Thread starter sravan78
- Start date
14th. Amendment
to the U.S. Constitution
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.....
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The kid is a US citizen, for life, unless he/she takes active steps to relinquish this citizenship.
to the U.S. Constitution
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.....
---------------------
The kid is a US citizen, for life, unless he/she takes active steps to relinquish this citizenship.
what makes you think by shouting(writing in caps) here you can get replies
sravan78 said:I WAS ASKING WHO WILL HAVE RIGHT OVER THE CHILD IF THE HUSBAND IS STAYING BACK IN US ON h-1 visa nd wife is going back to india
Sorry, considering the immigration theme of this forum I had assumed that 'status' referred to immigration status.
If you file for divorce here in the US, you will have to satisfy the court that you found some sort of custody arrangement. If you can't agree on this, the court will decide this for you (after you spent all your savings and some on attorney and court expenses). The court will take the fact of one party deciding to go back to india into consideration when they make their decision. (They will sometimes appoint a separate attorney for the child to argue on behalf of the kid and charge you for it). They will also take into consideration whether the interests of the kid are served by staying in the US if the custodial parent has to work full time vs going back to india with the other parent who can live off alimony and child support. (If you think immigration law is a mess, you haven't seen family law yet.)
If you file for divorce in india, all this will go by indian law. And of that, I don't have the slightest clue.
Make sure to get some sort of a agreement. If the parent going back to india just packs up the kid and leaves, it could lead to charges of abduction and the like. I don't know how whether india is party to any of the treaties dealing with custody disputes, I just know that in similar cases with a child being abducted to europe, the police in the respective european country arrests the parent.
(note: typing in CAPS on internet bulletin boards is considered yelling. I don't think anyone here posted a reply to your somewhat difficult to understand question that required yelling as a response)
If you file for divorce here in the US, you will have to satisfy the court that you found some sort of custody arrangement. If you can't agree on this, the court will decide this for you (after you spent all your savings and some on attorney and court expenses). The court will take the fact of one party deciding to go back to india into consideration when they make their decision. (They will sometimes appoint a separate attorney for the child to argue on behalf of the kid and charge you for it). They will also take into consideration whether the interests of the kid are served by staying in the US if the custodial parent has to work full time vs going back to india with the other parent who can live off alimony and child support. (If you think immigration law is a mess, you haven't seen family law yet.)
If you file for divorce in india, all this will go by indian law. And of that, I don't have the slightest clue.
Make sure to get some sort of a agreement. If the parent going back to india just packs up the kid and leaves, it could lead to charges of abduction and the like. I don't know how whether india is party to any of the treaties dealing with custody disputes, I just know that in similar cases with a child being abducted to europe, the police in the respective european country arrests the parent.
(note: typing in CAPS on internet bulletin boards is considered yelling. I don't think anyone here posted a reply to your somewhat difficult to understand question that required yelling as a response)