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GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12049
Experience:  Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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Me and my wife are India currently on green card in USA. We

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Me and my wife are India currently on green card in USA. We have 2 kids. I want to know if god forbid something happens to me and my wife where we both die, how is the custody of our kids determied? We do not have any relatives here in USA. Can my parents in India or my Sibling in india can take my kids custody? If the answer is "No" or "difficult", how do I make sure it happens smoothly ? Do we need to have a will where we mention this ?

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That is exactly correct. You will have to put it in your will who should assume guardianship of your children if you both die otherwise they can end up in foster care. The authorities will not look outside the u.s. for relatives for the kids, so you have to set it up in your will to be safe and also that you are willing to allow the kids to be taken to India to live with whatever relative you choose. I hope this helps clarify.


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