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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118248
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Me and my wife are US permanent residents and we have 6

Customer Question

Hi me and my wife are US permanent residents and we have 6 years US citizen daughter, after coming to vacation my wife and her parents abducted my daughter and her belongings and not showing up my daughter from airport, for me it seems its pre planned, what are my rights on my daughter as they are currenlty in india.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
even they are not allowing me to see my daughter and wife,I am worrying about my duaghter a lot
Expert:  Law Educator, Esq. replied 1 year 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.

Yes, property owned by a married person is PRESUMED to be community property, but can be proven to be separate property. Thus, if you prove the property is separate property, it can be exempted from seizure or lien for a debt of the other spouse. Separate property means it is not counted as her property and as such cannot be used to satisfy her separate debt.

Customer: replied 1 year ago.
Hi, I am asking about my custody rights on my daughter as she is US citizen and currently in India, will indian law apply if I file custody battle or US law as she is US minor citizen
Expert:  Law Educator, Esq. replied 1 year ago.
I sincerely ***** ***** answer above was supposed to be posted to a different question and not to your question. Please accept my apology for that mistake, it is a site technical issue.
You would have to file this in India if the child is in India because India does NOT participate in the Hague Convention on Child Abduction and Custody and would not honor the US court order if you went to the US court. Since the child is India, you would need to file in India to get the custody issue straightened out, even if she is a US citizen.