10 points for best answer , this is my 4th time asking this question ?

in any other case the mom will have to prove that she is fit to be a parent....and she still does ...she has to go to court and file for custody of her child....if she is awarded custody that is a good thing because she will need that to get her son back from india.....she has to contact a U.S embassy in india or the india government.....and let them know of the situation....but they are going to ask for custody paperwork and or birth certificate.....good luck