Divorce and child custody


#1

Dear Sir/Madam

Myself and my wife filed divorce petition on 1st feb 2010 in chennai high court in india. our divorce granting hearing day is 18th august 2010. now before she signs the final mutual divorce decree in india on 18th august 2010 she wants me to sign an agreement drafted by US attorney in USA saying that

" I should not claim my son who was born in USA (obviously an USA citizen by birth) and have no visiting rights. my wife and son won’t be provided any financial assistance in any form from me for both of their entire life period till they both die." I have mentioned the same highlighted statements in the divorce petition filed in india but she says mentioning the highlighted statements in divorce petition filed in india will not hold good in USA - is it correct ?

if it is correct what is the harm or disadvantages (especially when i dont want to see both of them in my entire life period ) on myside later on in the future for example in the next 30 years - on signing such an agreement drafted by US attorney in USA when the divorce is going to be granted in india.

when my son become major that is 18 years old -

can he claim financial support from me retrospectively for the time period 0 -18 years or for his entire life period saying the her mum has not provided enough support what she was supposed to provide ???

and

what are the ways or procedures that i should start doing now ( like buying a house on joint name with my new wife etc— no property or asserts should be my name alone so that he cant claim from me ) to say i have no money to support him in the future when he claims for retrospective or prospective time period ???

Thank you very much for your help
sincerely
raj


#2

If you do not wish to have anything to do with the child there is no harm in signing the papers. The child cannot sue you for support in the future.


#3

Dear Sir/Madam

Thanks a million for your reply.

i understand that my wife or my son cant sue in future but if they get a chance or circumstances to claim or sue then if my properties, assets, investments, earnings and pension is on my name then especially my son who is US citizen have the eligibility to claim every thing in parts after he become 18 year old - is it right ? if yes he can then how do to avoid such critical issue?? - so is it safe to keep all of my properties, assets, investments, earnings and pension in an joint account with my new wife so that he cant claim it as it is jointed with my new spouse ? - or is there any other way to protect these financial assests legally from them?

i am planning to include the following statements in the agreement my wife is preparing with US ATTORNEY , please have a look and let me know if there is anything to be included

I will not take any responsibility for any financial debt or liabilities in any form (either open or concealed personal debt/liabilities and open or concealed debt/liabilities from public government authorities in any part of the world which includes united states of america and in india) owed by my wife and my son in any part of the world which includes in united states of america and in india during their entire life period till they die or get disabled physically or mentally whatever may be the cause of their death or their disability.

my wife and my son has no legal rights and should not claim over any of my properties, assets, investments, earnings and pension in any part of the world which includes united states of America, united kingdom and in India during their entire life period till they die or get disabled physically or mentally whatever may be the cause of their death or their disability.

I will not provide any physical and financial assistance in any form or shape for my wife and my son for their life maintenance, educational expenditure and all other miscellaneous expenditure incurred by both of them in any part of the world they live which includes united states of america and in india during their entire life period till they die or get disabled physically or mentally whatever may be the cause of their death or their disability.

thank you very much for your help
sincerely.


#4

She cannot sue you for your property, but if you live in the states can initiate suit for child support in the future. In North Carolina she could claim for support in the future, but based on the agreement she wishes for you to sign, I do not believe a judge would order back support for the years you did not pay.

Reviewing specific language in agreements is beyond the scope of this forum. Please contact our client liaison to schedule a consultation.


#5

Dear Sir
Thank you very much for advising me regarding the divorce issues. i would appreciate if you could please clarify me a query - when my son become adult in USA in next 18 years, can he claim his portion of my asserts /investments/properties that i have in my name or in joint name with my new wife 20 years down the line, using ( i should say abusing) his individual human rights of a son to contest or challenge his own ex- dad in USA?
many thanks sir.
Thiyagarajan


#6

Dear sir
what are the factors that decide who will be the custodial parents?

when my wife is the custodial parent can i have my son with me for a period of 6 months at a strectch as a part of visitation rights as i pay child support ?

can the custodial parent say i am not giving visitation rights to you and i dont want child support from you ? - is it possible in US law to do this?

many thanks for your advise
regards.


#7

Dear sir
i am wondering if you could please clarify the following query

if someone called x verbally abuse somebody called y using bad words, can the person y call the cops to file a complaint and arrest the person x or make a complaint and take the person x to court for compensation for indignified behaviour in USA.


many thanks
Thiyagarajan


#8

Your son cannot sue you for property when he reaches the age of majority.

The factors which the law considers in awarding custody are all factors which affect the best interests of the child.

If your wife is the custodial parent she can allow you to visit with your son whenever the two of you agree. Child support and custody are not dependant on each other.

The custodial parent cannot deny visitation, only the court can block a parent from seeing their child, and there must be just cause to do so.

There is no cause of action in NC for undignified behavior.


#9

Dear Sir
Thanks a million for your advise.

child custody, support and visitation rights has been discussed in the divorce petition filed in india and divorce has been granted successfullly. will the statements mentioned in the petition regarding the above 3 important issues that i mentioned, will hold good in USA as well ???

in the petition following things are mentioned :

child custody is my wife

my wife doesnt want any child support ( is that means child support is deviated to zero in USA law or do i file another petition in US to confirm this issue?)

my wife doesnt want to give me visitation rights ( in USA law do i file another petition in US to confirm this issue?)

on the basis of ur answer i am going to decide whether to file for a petition in US or not.

Thanks once again for your hel p and cooperation.


#10

If your child lives in North Carolina you must file an action here to gain custody and visitation rights, and if you reside here, to determine the amount of child support (even if the amount is to be set at $0.00) If you do not want visitation of your child you need not act. If you are in India NC does not have jurisdiction over you to order any child support.


#11

sir
i live in charlotte but my wife and son live in ohio. will this change the answer to the questions in latest previous post?

i dont want visitation rights - if i keep quiet as we live far away one day she might file petition for child support even though it is clearly mentioned in the divorce petition filed in india that she doesnt want any financial assistance for the son ???


#12

She may file for child support in the future.


#13

sir
if she can file for child support in future.

can i draft a affidavit in US mentioning that child support is deviated to zero , no visitation rights for me and child custody is my wife , to get signed by my wife ?

will this affidavit hold good from stopping her asking child support in future ? - if not what has to be done legally to stop this from happening in future??

many thanks


#14

Such and affidavit would not be valid as the courts in the US can always act in the best interest of a child, which includes awarding support.
The only way to fully block a support obligation is to have your wife terminate your parental rights.


#15

sir
how can we terminate my parental rights for my son? - what is the procedure for this? - is it doable ?

can i initiate or it has to be done by my wife ?

please help me as i need to do this to stop her from getting the child support in future.

many thanks.


#16

Your wife will have to initiate the process in her state.


#17

sir
i dont see a response from you.
i am wondering if you could respond to my previous post mentioning how to terminate parental rights?
many thanks


#18

Your wife will have to initiate the process in her state.


#19

sir
i dont see any response to my previous post - dont know why?


#20

sir
i am really sorry i havent scrolled down the page completely to see ur response. i do apologise for my mistake.

i dont think my wife will inititate to terminate my parental rights as it will cost her and she dont do it. in this circumstance can i initiate from charlotte and what documents u need other than my divorce decree and how much it will cost me - i am happy to initate and spend to get rid of this problem - please advise!!!

in the article and financial agreement signed by my wife’s power of attorney (that is her dad) and my power of attorney ( my dad) in chennai city in india and notarised by notary public, the following contents are mentioned - please read the following and see whether this agreement will hold in US to stop her from claiming child support -

  1. The wife has agreed to terminate the husband’s parental rights for his son, and waived her moral, legal and ethical rights and obligations and will not claim any financial assistance in respect of her son karthik thanigai’s past, present and future life maintenance (child support) from her husband.

  2. The wife has agreed to waive her moral, legal and ethical rights and obligations, and there will not be any financial claim in respect of her past, present and future life maintenance (spousal support) from her husband.

  3. The husband will not take any responsibility for any of financial debt or liabilities in any form (either open or concealed personal debt/liabilities and open or concealed debt/liabilities from public government authorities) owed by his wife and his son.

  4. The wife has agreed that she and her son has no legal rights and there will not be any claim over any of the husband’s properties, assets, investments, earnings and pensions from either of them from the husband.

  5. The husband and the wife do hereby declare and state that what are stated in the above paragraphs is true to the best of their knowledge and belief, and request the power agents mentioned in this agreement to sign this contractual agreement on their behalf, in the Honorable family court of the principal judge, Chennai, India.