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KunSan

Need Information on Removing Parental Rights

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Currently, I am in India and my wife is in the USA along with the baby girl. I came to India because of miss understandings between my wife and me. Now My baby is turned up 5 years old and her passport has to get renewed.  Now my wife is asking to give the signed  DS-3053 form Unconditionally, with our informing me when is she returning back to India or not even giving access to talk to my kid. But Still, I need my family to have a happy life. Currently, my wife is blackmailing me saying she is going to remove the parental rights.  

Is it really possible to remove the parental rights and continue with babies passport renewal without my permission/signature anywhere?

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1 hour ago, pontevecchio said:

Are they both US Citizens? Are you a citizen?

My Baby is US citizen 

My wife is Indian Citizen working on H1B

Myself Indian Citizen Workin in India

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Discuss the matter with an Indian Family or Divorce Lawyer as the first step . Based on the circumstances you may be able to work something out.

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8 hours ago, pontevecchio said:

Discuss the matter with an Indian Family or Divorce Lawyer as the first step . Based on the circumstances you may be able to work something out.

1

Yes, I spoke with the Indian Lawyers here in India, They are not so much aware of the rules and regulations in the USA in general and Parental rights in particular.  They are suggesting me to talk to an attorney in the USA itself. 

Below are my questions:

1. Can My wife cancel father's parental rights without any written intimation to me?

2. While cancelling the father's parental rights on the kid, does court need any approvals or signatures or acceptance from me?

3. I did not see my baby or talk to her for the past 2 years. Can you please suggest how should I act further to make this happen as my wife is not allowing to give access to communicate with her?

4. My Wife is from India and Indian citizen. Is there any possibility that she can apply for a divorce from the USA itself without coming to India?

 

 

 

Edited by KunSan

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10 hours ago, KunSan said:

Yes, I spoke with the Indian Lawyers here in India, They are not so much aware of the rules and regulations in the USA in general and Parental rights in particular.  They are suggesting me to talk to an attorney in the USA itself. 

Below are my questions:

1. Can My wife cancel father's parental rights without any written intimation to me?

2. While cancelling the father's parental rights on the kid, does court need any approvals or signatures or acceptance from me?

3. I did not see my baby or talk to her for the past 2 years. Can you please suggest how should I act further to make this happen as my wife is not allowing to give access to communicate with her?

4. My Wife is from India and Indian citizen. Is there any possibility that she can apply for a divorce from the USA itself without coming to India?

 

 

 

As suggested before, stop wasting time and start consulting competent lawyers in USA. Your case needs in depth review for optimal suggestions and strategies. In general if she can show that you are not there for her and your baby and are not present while courts orders you for something, anything is possible. The law changes counties to countries and from states to states. There are a lot of moving parts here. Do you want to take that risk on forum guidance ? Or would you want to have your case reviewed for an optimal strategy and then make an educated move ? 

Edited by xTDx

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Speak to a better lawyer. You are both Indian Citizens and are subject to Indian Law. Playing hardball is easier than you imagine. Look up the International Child Abduction treaty and make suitable overtures.

1. Not even with written intimation.

2. No such entity exists. Your rights cannot be cancelled

3. Suggest to her that  it is De facto  child abduction to do what she is doing

4. Divorce is possible .

Why did you leave??????

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