My question involves a child custody case from the State of: Massachusetts
I am an Indian citizen married to my US citizen husband since 2010. I have a 2 year old baby girl who is a US citizen. There has been some friction in our marriage with my abusive husband who had threatened to take away my daughter from me and was asking me to leave the child with him and go away because I am unemployed and have been a been a stay at home mom taking care of my baby daughter. I also had some post-partum health issues and couldn't focus on career. Currently I am a Permanent Resident and am still living with my husband in the US who is insisting that I take up US citizenship shortly. My worry is if my husband were to start divorce proceedings in the US and file for child custody rights, can I take my daughter back with me to India and file for child custody rights in India even though I take up US citizenship.
(a) Is it worth taking up US citizenship with regard to child custody and if I do will my being a US citizen make it complicated for me to leave the country with my daughter?
(b) Will the US courts have jurisdiction over the custodial rights of my child even if I were to move back to India as a US citizen and make me to come back to the US?
Would appreciate a response. Thanks.
I am an Indian citizen married to my US citizen husband since 2010. I have a 2 year old baby girl who is a US citizen. There has been some friction in our marriage with my abusive husband who had threatened to take away my daughter from me and was asking me to leave the child with him and go away because I am unemployed and have been a been a stay at home mom taking care of my baby daughter. I also had some post-partum health issues and couldn't focus on career. Currently I am a Permanent Resident and am still living with my husband in the US who is insisting that I take up US citizenship shortly. My worry is if my husband were to start divorce proceedings in the US and file for child custody rights, can I take my daughter back with me to India and file for child custody rights in India even though I take up US citizenship.
(a) Is it worth taking up US citizenship with regard to child custody and if I do will my being a US citizen make it complicated for me to leave the country with my daughter?
(b) Will the US courts have jurisdiction over the custodial rights of my child even if I were to move back to India as a US citizen and make me to come back to the US?
Would appreciate a response. Thanks.
Establishing an Order: Can a Foreign National Parent Take the Child to Another Nation, Then File for Divorce
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