CAMDEN, N.J. (1010 WINS) — An ex-New Jersey man was convicted of obstructing the parental rights of his child’s mother after kidnapping their kid and fleeing to India for years, authorities announced Monday.
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The 38-year-old former Edison man, Amitkumar Kanubhai Patel, had a relationship and lived with the mother of his child from August 2015 to July 2017, though the two were never married.
In 2016, the couple welcomed a child and shortly after, Patel wanted to take the child to India to introduce him to his parents and get DNA testing, which Patel claimed was necessary in order for their child to claim property his family owned in India. Patel also told his partner that in order to obtain an Indian visa for the child, he would need to secure sole custody, which required them to go to court.
Before their court date, Patel instructed his partner to tell the court that they had a mutual understanding regarding the custody of their child, instructing her to tell officials that she did not have a work permit, and since she was unemployed, she could not care for her child, according to the child’s mother.
Once in court, in May 2017, the child’s mother claims the majority of the hearing was not in English and, at the time, she knew very little of the language and she did not have a translator. The mother, without any legal representation, answered the court’s questions as she had been instructed by Patel.
A day after the hearing, Patel was granted sole legal custody of the child but the court specifically reserved the right of the mother to file for joint legal custody if she so chose in future. Patel then took the child to India after obtaining visas and told the child’s mother they’d be gone only for two weeks to a month. After several days in India, Patel called the child’s mother and said he was never bringing the child back to the United States.
The child’s mother eventually got legal counsel and returned to the New Jersey Superior Court. The court entered an order directing Patel to return the child to the U.S. immediately. After getting the order, the mother emailed it to Patel who did not comply. Two years later, in 2020, Patel and the child flew from India to the United Kingdom. When they got there, Patel was arrested based on a provisional arrest request submitted by the United States. After a custody hearing in London, the London Court ordered it was in the best interest of the child that the child be returned to his paternal grandparents in India. Patel was then extradited to the United States to stand trial.
After a five-day trial, Patel was found guilty of one count of international parental kidnapping. He faces a maximum penalty of three years in prison and a maximum fine of $250,000. Patel’s sentencing is scheduled for Nov. 22.
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