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How can I bring my mother to the USA?

How to bring my daughter to USA from India?

  • I have situtation that my daughter us citizen (Age 5) is in india with maternal grand parents (Age over 60) currently due to her mother died 3 years ago.Since i got married again now, I would like to bring back her to usa but the grand parents are restricting and seeking legal guardianship thru court now so please advise me for the above situation.? What are legal steps i can take in india & USA?

  • Answer:

    The guardianship of the child against the natural guardian which is father is very difficult to obtain as for this the court will have to be satisfied not only that welfare of the child is with the person seeking the legal guardianship against the natural guardian but even the father who is living and is in the opinion of the court, unfit to be guardian of the person of the minor in question. Both these conditions have to be proved with sufficient evidence, the second marriage after the death of the first wife by the father is in no manner detrimental to the welfare of the child nor it makes him unfit to remain the guardian of the child. In India, the father should seek the complete physical custody of the child under section 12 of the GUARDIANS AND WARDS ACT,1890 under which the maternal grand parents have sought the title of guardianship of the minor child. In USA the minor child is American citizen, father should file complaint for kidnapping & illegal confinement of the child against the maternal parents, although the US authorities cannot bring them to US for the legal action against them, at least they can seek the help of Indian authorities for release of US citizen from illegal confinement in India. Such legal pressure will be enough for the 60years old couple to get rid of legal proceedings for seeking the guardianship of the minor child, which otherwise too they will loose at all cost in the Indian court for want of sufficient evidence against the natural guardian which is the father of the minor child.

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You would have to get custody in India. I don't see a US court stepping in after you have left the child with the grand parents for 3 years.

Drixnot

You can tell all in Court in India.

delhiwalah.com forms, paper work

Contact the US State Department. Request assistance getting the child returned to the United States.

Rented Mule

Did you kill your first wife inorder to get married to the 2nd wife.

Nila S

you need to contact a lawyer. good luck

can't stop me :)

I understand your sentiment but your ex-in-laws also have lost their child (your wife). They may be having an attachment to their granddaughter. It is best to mutually resolve this issue.

maitree

You MUST GO to court and get legal sole custody she cannot come to USA unless you have sole legal custody of her.

Sidwell

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