How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117369
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Our son is employed in the USA on H1B visa and his wife is

This answer was rated:

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.
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.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as or or to find a local attorney to get actual legal advice in all matters.
Law Educator, Esq. and other Legal Specialists are ready to help you