I am on H4: need advise on Custody, Separation and Abuse


dependenth4

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Hello, I am on a H4 visa with a young infant.  After my husband filed for sole support of our child, I went ahead and filed for RO and have the hearing next week.  There has been abuse for several years but I was hesitant and scared, but now I have no other choice.  I am trying to seek legal counsel but it seems very daunting and appreciate if anyone can share their experiences/advise.  Once I legally get divorced, can I travel to India with my child?  Has any one gone through divorce/custody while on H4 and how did you handle it?

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taking the child out of country depends on the outcome of hearing....even if you get sole custody, your husband will have visitation rights and if you take child out of country on an indefinite basis, he will file child abduction charges..

 

if you are willing to stay in USA, there is special visa status for abused spouses..look up VAWA..it will also give you green card in the future..

 

well...those are your legal options..but on the other side, a divorce legal battle only makes the lawyers rich..the animosity between you is already apparent when he filed for sole custody..

 

it is not easy to let go of the resentment and forgive the years of abuse..but think about the bright future ahead, have a family counselor or mediator cool down the fire and get to a mutually acceptable solution, if divorce is indeed necessary even after trying couples counseling..

 

even if there is a ruling here, the disgruntled spouse can always re-ignite the storm in Indian courts..

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