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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90503
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Our son is employed in the USA on H1B visa and his wife is

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Our son is employed in the USA on H1B visa and his wife is on L1. They have a daughter who holds a US passport. As the daughter-in-law is on drugs for 'depression', our granddaughter was entusted to our custody with a Power of Attorney signed before an attorney in the USA (San Jose, California). As such the baby is in India with us.

The parents of my daughter -in-law are not on good terms with my son. They wish to disturb the marriage. Our son and daughter - in - law are now on a visit to India. We fear that the contakerous and powerful parents of my daughter - in -law are scheming to somehow imprison us - our son, myself and my wife, and thereby destroy us. They would then be able to take their daughter and the baby with them. the daughter - in - law is also pregnant - 5 months.

The power of attorney signed by the parents in the US, while handing the baby to us, in a clause say that , 'under no circumstances should the baby ever be handed over to the daughter - in - law's paernts'.

My question is - what happens to my granddaughter in case my wife, my son and myself are imprisoned on trumped up charges? As she is an 18 month old infant, and an American citizen, who should not be handed over to the other set of parents, according to the POA, what should we do? Can we contact the US consulate in our city? Will they take custody of the baby?
Please let me know immediately.
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It seems that you are the second or third customer from India with a similar question and where a mother was jailed for false charges so a relative could get control over the child. With the document you have for PoA, they would have to jail your whole family, you, mother, your husband, your son, in order for one of you to not be able to care for the child.

I would suggest though, because I had another customer with this issue whose sister had her arrested on false charges and took her baby and it took her months to get the child back from the Indian courts, that if at all possible you consider getting your son and daughter in law out of the country as soon as possible because if this other family makes bogus charges against your entire family and everyone goes to jail, as they are the maternal grandparents they could claim a right to temporary custody over the child and it will take time after proving the charges are false to go through the Indian court system to get the child back.

Of course, then if you prove the charges are false you could sue them for filing false charges, but that process could take years for you to ever see any justice.

I am afraid that because the parents are not US Citizens only the child, it makes it difficult for the parents to get help from the US consulate and they will not take custody of the child I am afraid, they are not set up for that. I would suggest that it would be best you get your son and daughter in law out of the country with the child so her parents cannot intervene.




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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90503
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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