KunSan Posted November 7, 2018 Report Share Posted November 7, 2018 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? Link to comment
pontevecchio Posted November 7, 2018 Report Share Posted November 7, 2018 Are they both US Citizens? Are you a citizen? Link to comment
KunSan Posted November 7, 2018 Author Report Share Posted November 7, 2018 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 Link to comment
pontevecchio Posted November 7, 2018 Report Share Posted November 7, 2018 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. Link to comment
KunSan Posted November 8, 2018 Author Report Share Posted November 8, 2018 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? Link to comment
xTDx Posted November 8, 2018 Report Share Posted November 8, 2018 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 ? Link to comment
pontevecchio Posted November 8, 2018 Report Share Posted November 8, 2018 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?????? Link to comment
cap-gap Posted December 2, 2018 Report Share Posted December 2, 2018 there are lot of babies in USA with only one parent, so not having both parents consent for PP is no big deal.. however in this particular case, all you need to do is just file a case against your wife in India and summon her for a court hearing... ...you may not have the funds or legal immigration status to stay in USA to handle the legal proceedings.. Link to comment
KunSan Posted January 29, 2019 Author Report Share Posted January 29, 2019 On 12/2/2018 at 11:56 AM, cap-gap said: there are lot of babies in USA with only one parent, so not having both parents consent for PP is no big deal.. however in this particular case, all you need to do is just file a case against your wife in India and summon her for a court hearing... ...you may not have the funds or legal immigration status to stay in USA to handle the legal proceedings.. 6 {there are lot of babies in USA with only one parent, so not having both parents consent for PP is no big deal..} If PP is no big deal, can you please let me know how can my wife proceed to get the pp for my baby without me giving DS- 3053? Is divorce is the only way? or is there any other alternative? Link to comment
Univemp Posted January 31, 2019 Report Share Posted January 31, 2019 This Forum will not be able to provide you legal advise. Please consult Attorney's at Murthy Law Firm. Also, apparently you do not want to divorce your wife, in which case, why don't you settle this issue amicably (unless of course your wife is seeking divorce)? Link to comment
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