denied child cutsody

[jose01 0]

My American spouse went to US to give child birth, refused to come back and wants a divorce. On my request for child custody , she said i can't have any and i have no link to him. She refused to sponsor me at first, later accepted she just doesn't want me in her life.

[TimeTravel 78]

Sorry to hear about your situation.

Since you dont have CR-1 visa, it is very difficult for you to claim for anything even if that is your child.

Does the child have your name on birth certificate as father?

[Tim/Mav 305]

My American spouse went to US to give child birth, refused to come back and wants a divorce. On my request for child custody , she said i can't have any and i have no link to him. She refused to sponsor me at first, later accepted she just doesn't want me in her life.

There is Nothing you can do unless you can afford an Attorney and years of litigation. She gave birth in the US and wants a divorce. You have no stong ties to the child besides being the father. A unborn child may qualify as Abduction but I see no avail since you knew she was leaving. You are not the USC and your rights are really none. She refuses to return and wants a divorce. Give her that divorce. Kinda Cold hearted of her but I know a child is involved. Sorry to hear this but she don't want to be with you or around the child. If she is that cruel (we don't her reason for this, maybe you screwed up)

I would save every e-mail she sent and print it and seek some legal advice. Again, I see no Avail but I would try.

I'm unsure of the relationship with India and International Child Support Laws. If she's that way and does this. You could loose alot more than you already lost. Think how hard it would be to get a Visa to Visit and the exspense.

Get Divorced. Leaving with a child born or unborn is not right.

Life is Strange sometimes: She may have a change of heart and say I'm coming back or Continue the Petition or re-file again.

There is nothing (unless you have alot of money) you can do,

[belinda63 3,047]

I believe India did sign the Hague Convention regarding child custody/child abduction. You will need to hire an attorney in the US to fight for your rights and expect to pay a pretty penny for it but it is possible. If the divorce takes place in the US you can ask (through your attorney) for custody of the child or visitation rights.

[Noah Lot 391]

Children 'in utero' cannot be abducted,and India has not signed on to the Hague Conv.

You will have little chance forcing her to leave the US with the child (in reality, zero chance).

The child's habitual residence is the US of A, not India.

Perhaps you can convince her to reconcile; failing that, there is not much else anyone can do.

[SimranS 9]

Children 'in utero' cannot be abducted,and India has not signed on to the Hague Conv.

You will have little chance forcing her to leave the US with the child (in reality, zero chance).

The child's habitual residence is the US of A, not India.

Perhaps you can convince her to reconcile; failing that, there is not much else anyone can do.

India is not a Hague Convention signatory and since the child and his mother are U.S. citizens there is nothing you can do to force them to come to India. However, since the child was born during your marriage to his mother you would likely have automatic parental rights in a U.S. family court. As someone else suggested, if you have the money you could hire a lawyer in the U.S. to fight for custody/visitation. But unless you have another way of getting a visa to the U.S. there would not be any way for a custody/visitation order to be enforced, because a judge would not order the child to be sent to a foreign country (even if only temporarily).

Your best chances of being a part of your child's life are to reconcile with his mother or find another way to get to the US.