Permanent resident vs US citizen

If you are a resident of North Carolina and have been for at least 6 months, you should be able to file a complaint for spousal support,child support, child custody, and equitable distribution. If you move to another country without having an order entered or even a claim filed, your husband may file a claim for emergency custody.

You can file a claim for child custody and address the issue of the passport with the court when obtaining a court order for custody.

There isn’t anything you can do preemptively. If your spouse files a complaint for emergency custody because you have left the children in India, you will have the opportunity to be heard in court. If you have no order or agreement in place, there isn’t anything preventing you from leaving the children in India while you handle your divorce issues, but evidence that you left the children behind may come up in court at a custody hearing.