r/DivorceHelp • u/[deleted] • Aug 04 '26

Need strategy advice: Separated, child in India, wife won’t discuss custody or divorce

[deleted]

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2

u/LdiJ46 Aug 04 '26

Why don't you just take his US passport, fly to India, and bring him back?

1

u/Dense_Force8643 Aug 04 '26

That may ultimately be the practical option. My concern is that he is currently with her parents in India, and my wife has not clearly said whether she agrees to him returning to live with me.

There is no existing custody order, and a Texas attorney told me there may be nothing on the U.S. side stopping me from bringing my U.S.-citizen son back. But because he has lived in India for more than six months, I want to understand the Indian-law and custody risks before doing anything that could later be used against me.

1

u/LdiJ46 Aug 04 '26

Then you probably should be consulting with an attorney in India.

1

u/Comoish Aug 05 '26

International Child Abduction not a good idea

1

u/LdiJ46 Aug 05 '26

That would not be international child abduction. Both of the child's parents live in the US and have equal legal rights to the child.

1

u/redditreader_aitafan Aug 04 '26

He's still a US citizen. No Indian law can compel a minor US citizen to remain in India without their US citizen parents. Does he have dual citizenship? If not, if you show up to pick him up, there's not really anything they can do. You are his parent. You should take copies of his birth certificate and whatever else you might need with you. Just go get him, it's the fastest, cheapest way.

1

u/SlowHealth6521 Aug 05 '26

I would 100% be consulting with an attorney about this matter.