Legal Question in Family Law in India
me and my wife get divorced with mutual understanding from court in october 2007 in India. i have two daughter born july 1999 & 2007 august. at the time of divorce court did not gave custody decision because we did mutual agreement for guardianship since my younger daughtor was few month old. I remarried to US Citizen in january 2008 also my wife get remarried in january 2009 in India and she leave my children to my parents house in India before her marriage and refused to take care, i filed in court for custody of my children on december 2010 and want to bring them back here in USA. My question is that if my ex wife refuse to take custody as well as refuses to take care in front of judge in court then can I get custody of both my children since i am natural father since the laws says that minor childrens goes to mother but if mother refuses as well as she got remarried then what will happen.
Further in continuation I want to know will she get visitation rights to children if she wants? I mean to say like visiting school, giving gifts, talking on phone or internet. & how the court will define these visitations, because i donot want to involve her too much in my life, She writes in her application that she love her children and she donot want any conflict between two family and she remarried and living happilly in her new married life so she has no problem in giving custody but she need permission for meeting children at least four times in a year? I want to take some action before court decides.
However i married to USC in Jan.2008 but applied my case very late and I got my 2yr.temporary green card in December 2009 so I will be applying for my 10 yr. GC in Nov. 2011, I am still in consultation should I apply for my kids? or through my US wife will?
apart from that if everything goes well and my kids comes here then how my ex-wife visitations rights will occure?
5 Answers from Attorneys
sir, visitation rights to the other spouse are very normal. However, in your case, you will have to make out a case for no visitation rights, especially, when your wife herself left the children back to your parents for the sake of her marriage. Her self interest dominated against the welfare of children. Now, if you take the custody of children, you being settled at USA will like to take children to USA. Accordingly, it will be neither practical nor convenient for any one to make visitation. So, you will have to make up your case based on all the facts, which are in your pocket. Other part of your question is irrelevant for the time being. it is not good to mix the two subjects.
You should apply for your kids on your own status as of a Green card holder and not on your wife status.
as your children are in india and your ex wife also living in india, you may not be able to call your children to US in case you wife objects to the same. this all may be done by mutual understanding with your ex wife and her husband. visitation is the right of any spouse and your ex wife may have preferential right over you being in india.
you may get custody as the mother herself want nt to keep the children
as per visitation right u can not restrict her as she is biological mother so u can oppose though but complete cancellation of visitation right may not be possible ....
What is the exact stand of your wife about your children after her remaariage is not clear. If she voluntary forgo her visitation right in the interest of future of children, then there will not be any problem. But if she wants to retain her visitation right as mother you may not get the permission of court to take your children to USA. Please settle with your wife first.
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