Legal Question in Family Law in India

Hi Lawguru team,
I still did not get the right answer to my question.
1. Is it possible judge can pass the order that I will have legal & physical custody & allowed to take children abroad along with giving visitation rights to mother 3-4 times in year either in India or in India and abroad or just the visitation rights without defining the meeting boundaries?
2. Will these visitations rights to mother in custody documents create any complications at the time of immigrant visa? if yes than what kind of complications?
(Previous Mail:::Most probable I might get legal & physical custody & permission from court to take kids out of country and my ex-wife might get visitations rights like calling by phone, internet and meeting personally few times in year, since she is not ready for no-visitation rights, but she is cooperating on other issues. My question is that if I file petition for my kids from USA.....

Asked on 8/12/11, 2:08 pm

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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it is possible to get the visitation orders as desired by you only in case you wife agrees to the same. in case she choose to contest, the matter may linger on as your kids and their mother, all are in India.

secondly, after the court orders, if the court has no objections to kids going abroad or mother having visitation either in india or US, then i do not think the visa officials would create any problems.

Answered on 8/12/11, 9:31 pm

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Sanjay Kalra Sanjay Kalra & Associates

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Yes your ex wife might get problems to get visa to visit USA to meet her children as granting visa is a discretion with US/Immigration/Embassy authorities and not with Indian courts .She has to show her intent that she would return back to India after meeting her children. But again its the discretion of the officer to grant her the visa or not.

Answered on 8/12/11, 9:44 pm

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