Will my Indian friend be able to keep her american born infant daughter with her in India?
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Will my Indian friend be able to keep her american born infant daughter with her in India?
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My friend is Indian citizen. Her daughter is US citizen. Husband lives in US and as of now my friend and her daughter are in India. Now my friend does not want to go back to US as her husband abuses her. Daughter is infant. Will my friend be able to keep her infant daughter with her in India?
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kittysue2000
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No, she cannot keep her US citizen child in India if she does not have a court order granting her sole legal custody. That is considered kidnapping. |
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DOCAR
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Her daughter is NOT entitled to Indian citizenship! The US has branded her a US citizen and India does NOT allow dual citizenship. Ergo she is NOT entitled to Indian citizenship as she already has a citizenship!
How did she leave the US? If it was with the fathers permission the laws of India now apply. If without the fathers permission there would have to be some amount of fraud involved as BOTH parents have to agree to get a child a passport. That puts it into international law. |
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Purrr
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She can make the argument that the baby needs the mother and legally she can keep her for 7 years. after that the father can fight for custody. Your friend needs to make a good case against her husband if she does not want him to take the baby... |
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ibu guru
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Her daughter has a right to Indian citizenship. She should have gotten an Indian passport for her daughter before departing the US so that the baby would enter India on her Indian passport. She needs to sort out the baby's Indian citizenship immediately.
As for the abusive husband in the US, hire an attorney to file for divorce and sole custody of the child. Since the husband is abusive and she fears for the child's safety, she should have no problem getting sole custody without any visitation rights.
And for her and her baby's safety, she should stay out of the US permanently. Abusers rarely, if ever, follow someone to a foreign country to continue the abuse, and of course, it is easier to stop the abuser at the border. No foreign spouse who is/has been abused should ever try to remain in the foreign country. It is always safest for them to return to their homeland! |
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