Skip to main content
Supti Bhattacharya

Supti Bhattacharya’s Answers

15 total


  • Does taking multiple selfies while driving with your 3 yr old & 1 yr old constitute child endangerment? Statute of limitation?

    I was just cleaning up an old computer and found that my spouse took about 60-90 selfies while driving our 3 year old and 1 year old. You can clearly see that the car is moving as the background is changing and the photos are all dated and time-s...

    Supti’s Answer

    The acts you describe may or may not rise to the level of child endangerment, but you certainly should retain the photos for possible use during the divorce. An attorney can discuss with you the manner in which the photos may be useful, if at all. Custody tends to relate more to current issues and behaviors of the parents, not things from several years ago. Consult with an attorney local to you to discuss what your options are.

    See question 
  • What are the repercussions I could face if I relocate my son to another state without the father's consent?

    I have physical custody, the father has visitation one day a week under my supervision. We have an order that says I cannot take him out of state for more than 28 days. Our son is one year old. We went to court and my request for relocation was de...

    Supti’s Answer

    You could have serious problems, especially if you already asked to relocate and the relief was denied. Denying relief without prejudice simply means that you are permitted to return to Court to make the application later if the situation changes. You should consult with a local attorney before taking any steps to relocate based on the facts that you have described.

    See question 
  • Can my 15 year old come live with me?

    My daughter is 15, 16 in 3 months. She has been living mostly with her dad for the past 13+ years. They live in CT. She visits me often, I'm in NJ. This summer she said she wants to move back with me permanently. Her father (although we've never b...

    Supti’s Answer

    If your daughter has been living in Connecticut for the last 13 years, that state likely has jurisdiction over the matter so the issue has to be addressed under that state's laws. Generally speaking, changing custody after such a long period of time is not easy, but not impossible. Your daughter's age may allow her wishes to be taken into account, but she is still a child so she does not dictate what will happen. Various states have requirements for changing custody and for moving children out of state. You should consult with a Connecticut family law attorney to see what options you may have.

    See question 
  • How would you go about removing a defendant's belongings after a full restraining order is granted?

    Someone I know has had a full restraining order issued against her abusive daughter, and now the daughter is out of the house, but all of her personal belongings remain. The daughter is a hoarder, so there are piles of her belongings all over the ...

    Supti’s Answer

    There are various other ways that this situation can be handled, having already tried a certified letter. It depends on what costs the mother may be willing to incur, so that she does not have to engage the daughter any further, or whether she wants to try to enlist the assistance of the local police to find the daughter and elicit a response from her as to what she wants to do with the property. Not all police departments will assist with this type of thing, however. Consulting with a local attorney will help to come up with solution options. Many attorneys provide free consultations.

    See question 
  • My wife have an affair. I wanted to divorce and keep kids...What is the best possible action? we are married in India.

    Seems like Indian law have advantages..should I file in india? what happens to child custody?

    Supti’s Answer

    Whether you are married in India or anywhere outside of the United States, you can get divorced in the United States as long as you meet the residence requirements of the state where you are filing for divorce. Whether your wife's affair impacts the divorce, and whether you will receive custody of the children depends on the laws of the state where you live. Children need both parents in general, and most Courts will not bar one parent from seeing the children absent extreme circumstances. You should consult a lawyer to see what your rights are and what the best approach is for your case.

    See question 
  • Husband, wife and kids are all US citizens. Can wife file for divorce in India if we got married there 14 years ago?

    My wife and I are US citizens. Can my spouse married to me in India in 2001 and lived with me for 13.5 years in US (California) file for a divorce in India via a family court (which is not our place of residence anymore) ? We have 2 kids - ...

    Supti’s Answer

    You should consult a divorce attorney local to where you live, who is experienced with India and US custody issues, or at least international custody issues, as soon as possible to discuss your situation. India is not a Hague nation, so you have special issues to contend with. Filing for divorce in the US before your wife files in India may have benefits, so it is important to know your rights and make litigation decisions sooner rather than later. For example, filing in the US may give the case priority jurisdiction over any case that is filed in India, which can give you leverage in having your wife return to the US to address the divorce matter here. Consult an attorney near you.

    See question 
  • Married in India and seeking Divorce in the US. Is it valid and potential immigration impacts for dependents.

    Wife on F1 and I am on F2. Both of us are in the US and wife is seeking Divorce now. Would I be out of status once the Divorce is filed? I haven't received the notice yet, since we are staying in different states, she just informed me that she app...

    Supti’s Answer

    It is valid for a person married in India to file for divorce in the United States so long as the person meets the state's jurisdictional requirements for filing for divorce. Your immigration status remains the same until your divorce decree is entered, after which you are no longer in status. You should consult a local attorney, many of whom offer free consultations, to see what options you may have regarding your immigration status. You also should consult a family law attorney local in the state where your wife is so that you can be represented in the divorce. You do not want to proceed without legal advice, even if it is only through a few attorney consultations and not full representation, during this complicated time in your life.

    See question 
  • Wife threatening from India, should I contact US Embassy in India and local police station?

    I work in US on H1-B visa. 2 years ago my wife kidnapped our son and ran away to India. Last year I went to India to convince her, but she refused. She doesn't allow me to speak to my son and does not take my calls. In March 2015 she filed for div...

    Supti’s Answer

    It is a good idea to be proactive in these types of situations, in case she tries to take steps as you describe. You may want to consult a lawyer in New Jersey to see what options you have here to assist you. The involvement of the US Embassy may depend on citizenship status, and not just residence status of you, your wife, and your son.

    See question 
  • Indian National (U.S.Permanent Resident) seeking divorce in the US. Concerns about validity of US obtained divorce in India

    I am an Indian national who got married to another Indian national in India. We have a child who is 4years old from this marriage who is a US Citizen. First marriage for both of us and both of us are now permanent residents of the US. The marriage...

    Supti’s Answer

    Indian Courts may or may not recognize a divorce obtained in the United States, often depending on how the divorce is obtained and on what legal basis. You should consult an attorney with experience in this area. Feel free to contact my office for a free consultation. I handle many cases for clients who have this question.

    See question 
  • What happens if I suppressed about child birth in divorce petiiton and obtain divorce?

    we are not US citizens . A child was born in March 2008 due to marriage. I filed divorce petiiton in October 2008 in NJ court suppressing about child birth. my ex-wife was not in USA at that time. As she faield to pay court fee, her reply was ...

    Supti’s Answer

    There are many things that may happen as a result of your actions. You appear to have lied under oath, likely several times, and you have tried to evade your child support obligations by not informing the Court about the existence of a child. The Court may take affirmative action against you for your actions. However, it also is possible that if your wife comes to the U.S. and petitions for child support, the divorce judgment will need to be vacated and the process restarted from scratch so that your wife has the opportunity to litigate and protect her rights as well as those of your child who presumably is and has been in her sole custody. This is not a process that you should go through without counsel, as your actions to date have placed you in a very precarious position.

    See question