It is not mandatory
as per consent terms for divorce custody of daughter must be with your wife
Child custody
Complex situation. Mutual divorce in 2017, living separately since 2014. A girl child out of our wedlock born in 2012, stays with her mother since 2014. Since 2017 wife doesn't let me meet the child, and in 2019 child refused to see me, Stopped talking on the phone too with me. I stopped chasing & moved ahead in life. Applied for immigration to another county. To offer me residency, they need to see what follow-up I did with my wife to contact my daughter, through the Lucknow family court. I never wanted to go to court. Is it mandatory? I wish to wait for my child when she grows up. Kindly give your valuable suggestions. Ps: my last contact with my child n ex-wife was in 2019.
Asked 2 years ago in Family Law
Religion: Hindu
8 Answers
If it is a mandatory requirement to produce details about the welfare measures taken towards your child to get PR, you may have to oblige failing which your application may not be considered.
You cannot challenge the immigration rules in this regard.
- Under Hindu Minority and Guardianship Act, 1956, mother is natural guardian and custodian of child till it reaches age of five years with visiting rights to father. Thereafter, father is natural guardian and custodian of child with visiting rights to mother.
- You can furnish a declaration to immigration authority stating you have relinquished permanent custody of child and mother is capable of providing maintenance to the child. Give an undertaking that you are prepared to provide financial support as and when required and requested by mother. This will satisfy the immigration authority.
HI, you need to file petition for G & W C and requesting the court for visitation rights. Thorough the process of the court only you can able to see your child.
- Since, your divorce was granted in 2017 and the daughter was living with her mother even then at the time of granting divorce.
- Further, if the custody of the child with the mother is mentioned in the decree of divorce , then you can submit the said decree for the said purposes.
- Further, if not mentioned , then you can try to take NOC and a declaration affidavit from the mother of the child
- Further, you can also file a petition for child custody before the court as well .
Dear client,
If you wish to obtain legal documents that show the steps you have taken to contact your daughter, you may need to approach the Lucknow family court. However, it is not mandatory to do so.
In your situation, it may be advisable to consult with a family law attorney who can advise you on the best course of action based on your individual circumstances. The attorney may be able to help you explore alternative options to going to court, such as mediation or counseling.
Additionally, it may be worth trying to establish contact with your ex-wife and daughter through a neutral third party, such as a family member or mutual friend. This could potentially help you rebuild a relationship with your daughter without resorting to legal action.
Overall, it is important to remember that your daughter's best interests should be the top priority. It may be helpful to seek guidance from a professional who can help you navigate this complex situation with care and sensitivity.
Good decision.
You will waste time, energy and money in pursuing legal remedies.
Instead wait for the time to ripe.
Regards
G.Rajaganapathy
You can seek visitation rights from court if you are not getting access of your child
