Hi,

My husband files a divorce petition in California right before our son's birth. But he didn't serve me with paper work. He told me that it was a by mistake but at the same time he did not want to withdraw the petition. He said just in case I don't perform according to his expectations, he can use the same petition. While my son was just few months old , I left the house. After leaving the house, mu husband visited our son once a month for 2 months. Then he disappeared from our lives without informing us and again reappeared 3-4 months later. Then he visited our son for one year every month. Then I was laid off from my job. I filed the response of his petition after losing my job because I needed child support. As soon as I served him with the response, he vanished again. And 3 months later I came to know that he has quit his job. 7 months later I came to know that he had moved to India. Since I could not find a job I could no longer afford to live in California. I also moved to India and stared living at my parents house. Once he knew that I have come to India , he forcefully entered in to my hose and abused me and my son and I got police report filed in India. Now my husband went back to USA and is asking for child custody and visitation. He is jobless and is staying at his friend's place. Court ordered me to come to court hearing with the child so that they can arrange a visitation with the father. This not fair. Should my son and I keep wandering around just because his father is doing so. Also he relocated to India before I did. On top of that I don't have a job and I don't have money to sustain in California. He had not paid any child support in spite of court orders. Please suggest what should I do. Can't he visit our son in India. Why am I being punished for his non involvement in our son's life. He consider our son just a toy and has never fulfill and fatherly duties.

Respond to the order.
Say that you cannot afford to fly from India to the US and went back to India because he has never paid court ordered child support.
Don't write about the rest of the story in your reply.
You have court ordered child support? You didn't ask for alimony in the divorce?
Are you a US citizen?

I don't know if I can ask for alimony. Can I? I thought all you can ask is child and spousal support. Is alimony same as child support? I do have child and spousal support orders.What will happen if I say that what you are suggesting : Say that you cannot afford to fly from India to the US and went back to India because he has never paid court ordered child support. I have had enough in US for last 3 years doing it all alone with no emotional and financial support and now I don't want to return to US at least for some time.I have been thinking of the following options:
1. Should I say or not that I have permanently moved to India.
2. Should I say that US court don't have any jurisdiction any more since both of us had moved to India.
3. He also filed a false domestic violence case against me and also showed that he has personally served me. I have not even seen him for last 1 year.
4. I don't have any monies to invest on the attorney and I can't go to US for self repr. What should I do.

Alimony is spousal support.
You are getting too upset over this. And stop adding to basic facts.
1- They don't want to hear what the future holds; it isn't provable.
2- They don't want to hear you tell them what they have jurisdiction over.
3- They don't want to hear what you believe to be false or true.
4- I already said that you can't afford to fly. No need to add lawyer to it since a lawyer isn't technically required.

Since he has gone back and forth before, he could do it again. You need to be more concerned with what the laws are in India if he comes back, and also how you can protect yourself and your parents and your child in their home.
You could have had the US courts put him in jail for failure to pay child support after all that time without any. Perhaps (now with a lawyer) you still could from a distance, but you may have to appear.

...
1. Should I say or not that I have permanently moved to India.
2. Should I say that US court dont have any jurisdiction any more since both of us had moved to India.
3. He also filed a false domestic violence case against me and also showed that he has personally served me. I have not even seen him for last 1 year.
4. I dont have any monies to invest on the attorney and I can't go to US for self repr. What should i do.


Alimony is spousal support.
You are getting too upset over this. And stop adding to basic facts.
1- They don't want to hear what the future holds; it isn't provable.
2- They don't want to hear you tell them what they have jurisdiction over.
3- They don't want to hear what you believe to be false or true.
4- I already said that you can't afford to fly. No need to add lawyer to it since a lawyer isn't technically required.
....
1- I disagree. It's important that the California court be aware that OP and her child are at present permanently residing in India.
2 - Jurisdiction can be a question of interest to the California court. But it would take some detailed explanation; not simply a conclusory statement.
3 - The history of the situation should be described.
4 - It doesn't hurt to mention the unavailability of a lawyer, but that would be obvious in any event.

Was there any sort of formal court proceeding instituted in India when both you and your husband were in India at the same time? If so, it is arguable that California wouldn't have jurisdiction pursuant to the Uniform Child Custodody Jurisdiction and Enforcement Act.