An international marriage and divorce. Who a 1 year old child will be left with?
April 6th, 2010
poema asked:
I am citizen of Russia, my husband is a citizen of India. Our marriage officially registered in India. Our kid who is 1 year old is a Russian citizen too. Me and kid are PIO card holders also. Now we are residing in India, but in case of divorce I will return to Russia. What are my legal rights to take my child there too?
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I am citizen of Russia, my husband is a citizen of India. Our marriage officially registered in India. Our kid who is 1 year old is a Russian citizen too. Me and kid are PIO card holders also. Now we are residing in India, but in case of divorce I will return to Russia. What are my legal rights to take my child there too?
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India will probably consider the child to be an Indian Citizen first, since you are residing in India and your marriage took place under Indian laws.
You have to divorce in an Indian court, who is going to get custody will depend on the court decision, you better check with an Indian lawyer, I see a few chances of a judge letting you leave India with the child because he’ll not be able to enforce visitation rights your husband will have and to follow the well being of the child, unless you and your husband are in a agreement on that leave, witch I doubt. Most probably you are better off trying to get full custody first, stay living in India for a while before attempting to go to Russia, always with a agreement from your ex-husband or a authorization from the Indian custody judge. You don’t want him filing a suit against you for stealing the child, even if Russia legal system may be on your side, you may be deprived of doing any international trip for fear of 3rd countries interpretations of the case. If you get divorced, you may get alimony and pension from your ex-husband and keep living in India. When/if moving to Russia, get a visitation plan with the court approval, where you take the kid back for a month once a year and/or he goes to Russia visit him too, show that you intend to do it helping him with the required Russian visas. Best thing you do is get a Lawyer.