Hi All, my wife and I are Indians on H1B visa and we have a US citizen child. We are going through a divorce in India and as a part of the divorce, I need to give up my parental rights on my child. If the Indian court gives such an order, will that be valid in USA? If I have to waive off my parental rights in USA, what’s the procedure? I want to know if it is even feasible. (I don’t want to waive off the rights but I am forced to do so, else they will file a false 498A case against me and family in India)
You need to talk to someone not on Reddit this is way out of Reddit’s pay grade. India isn’t part of The Hague convention on the child so I doubt anyone can give you any definitive answer.
Got it. Keeping that aside, do you know the procedure to voluntarily terminate parental rights in USA? Will that even be feasible? I have no criminal cases against me in USA, no convictions, clean record. My wife and family is making sure I don’t contact them so that they can make a case of abandonment.
@Harper
You generally can’t voluntarily terminate parental rights in the USA unless someone is going to adopt the child. Is the child currently in the USA? If so you should file for custody and visitation in the correct state/county here.
You’re in the US. They can’t force a divorce on you. Talk to an immigration lawyer immediately, they should be able to help. Your child is a US citizen, you want to be the father, India has no jurisdiction here.
Hmm, got it. Yeah, the baby is in India currently. They may come to USA in a couple of months. And, they want me to start the procedure in USA myself.
Harper said:
Hmm, got it. Yeah, the baby is in India currently. They may come to USA in a couple of months. And, they want me to start the procedure in USA myself.
There’s no procedure to start. Lie about it if you have to, get the baby here, and get custody.
Got it. Only problem is her parents will file false cases in India when they get an opportunity to.
Harper said:
Got it. Only problem is her parents will file false cases in India when they get an opportunity to.
They can’t do anything about it in India once you get the baby here. Once baby is here, you can file emergency custody and restrict international travel.