Going through divorce/child custody battle on H4 visa

[vgp]

My husband applied for divorce when our child was 1 month old. Since I am on dependent H4 visa in the US, I will not be able to stay here after divorce nor can I take the child out of the country unless he agrees. He says I can take the child only if I don't ask for any money or property. The attorneys here say that unless I am able to stay here, I won't get the child if the father disagrees for the child to leave the country. If I say no to all money/ property I can come to India. But I have no money or job there. He is also adding the agreement here that I will not put any case against him or his family members in India. Also I do not have money for applying f1 visa. Can someone tell me how to go about this situation?

[pontevecchio]

You are consulting the wrong Lawyers. Get a second opinion. Have your family help you financially. Please remember that custody is usually granted to the mother in similar cases where the child is very young. He is also liable to pay alimony to you . Do not let him terrorize you. Mention 498 c IPC if warranted.

[t75]

Do NOT take legal advice from your soon to be ex. or his attorney. Get your own and make application to have your husband pay the attorney's fees. It would be best if they were familiar with international custody issues. It is not necessarily true that you will not be able to take the baby home with you as it is the child's best interest that comes into play and for young children who have been cared for almost exclusively by the mother, the mother is the favored caregiver.

Do NOT give up your child's right to financial support from his/her father. US law will require that he pay it; if he does not, you file for contempt and he could be placed in jail until he pays.

You are entitled to 1/2 of the assets from the marriage - including retirement accounts. Do NOT give these up just because of these threats.

File immediately for interim support for both you and the child. Ask if it can be "garnished" from his wages. This places his employer on notice that there is a legal action pending.

As an H-1B guest worker, a judge would see that there is no reason for your husband to remain in the US long term.

If you are in fear for your safety, go to the local woman's shelter. They will assist you in locating an attorney.

Post back if you need additional suggestions.

[omshiv]

thats what happens if you marry against your parents wishes...why arent your parents helping you in this matter? you dont have any friends here?

[JoeF]

thats what happens if you marry against your parents wishes...[

Huh?

What do the parents have to do with the marriage???

Were the parents married to the guy or the OP???