• Can I re-marry, as I have got my divorce?

Hi , I got my divorce 6 months back . I have also won the soul custody and guardianship of my child who is 7 years old . the father of the child just has visiting rights . Can I re marry at this stage . What will be the repercussions on my child's custody if I do so ? The person who Iam in relationship is married and has not yet applied for divorce with his wife yet. Will this situation or knowledge of the same can affect my child's custody ? Can my child's biological father re appeal for the changed in visiting rights and custody ?
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) you can remarry . I presume your husband has not filed any appeal against divorce decree 

2) remarriage does not affect your child custody 

3) you cannot remarry your lover till he obtains divorce from his wife 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
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You are free to remarry after divorce if your ex spouse has not challenged the judgment in the higher court. Your remarriage will have no adverse effect on your right to maintain the custody of your child. The person you wish to marry must first obtain divorce from his wife. Your ex spouse is at liberty to move the higher court to challenge the judgment of the lower court whereby and whereunder custody has been awarded to you.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1) for child passport biological father consent is must 

2) even if you file petition in the high court chances of HC directing issue of passport without biological consent are bleak 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Hello,
1) You can re-marry now as the appeal period is over.If your ex husband chooses to challenge the child custody he can do so especially in the light of your new marriage.

2) You can not marry him unless he obtains a decree of divorce from a court of law.The knowledge of your marriage to someone that has not obtained divorce would certainly affect the child custody and as I said your ex husband  is at  liberty to approach the court for custody under circumstances.

3) Therefore it is wiser to wait for your re marriage until the person that you intend to marry has obtained divorce and the appeal period is over. If he is getting a divorce from his wife by mutual consent  you can marry sooner as there lies no appeal.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
Hello,
1) You can approach the same court seeking an order to the passport office to issue passport for the child as you are the custodial parent and you would still be able to fulfill the conditions of visitation rights to the father of the child even if you choose to travel abroad with the child.

2) In fact the passport office should not raise any objections to issuance of the passport to the child unless the custody order has any rider regarding travel overseas.

3) All you will need to convince the court is that your travel with the child overseas is for thee welfare of thee child and for you to find employment and take care of the child and that you would be capable of taking the best care of the child if so permitted. 
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
1. You can remarry now legally,

2. Your paramour is still married to someone else for which you can not marry him till he gets the decree of divorce,

3. If he now applies for contested divorce, it will take years for him to get the decree of divorce and you shall have to wait till then,

4. If your ex-husband comes to know or collects any evidence of your illegal relationship with your paramour during pendency of his marriage then certainly he can allege that his son is being or is likely to be neglected and claim his custody for the welfare of the child,

5. He can do so even after your marriage with your paramour after he gets divorce from his wife but at that time your son will grow up and the Court will ask him as to with whom he wants to stay.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. Your ex-husband is the biological father of your child and has the right to decide about the vital steps to be taken in connection with his life and welfare despite the fact that you think him as 'not a good human',

2. Our law  makers have thought all the aspects and finally enacted the law which makes it mandatory for the minor's biological or adopted father to append his signature in the application for getting passport for his minor child,

3. Negotiate with him and settle the matter amicably answering his question as to how will he be able to visit his child in case you take him out of the Country after his getting the passport?
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Can I re marry at this stage . What will be the repercussions on my child's custody if I do so ? 
Yes, you can marry a person who is a single/divorcee/widower.  There will be no  repercussions on the child given away to your custody.



The person who Iam in relationship is married and has not yet applied for divorce with his wife yet. Will this situation or knowledge of the same can affect my child's custody ?
First wait for him to get his marriage dissolved by a decree of divorce, dont marry him before he has legally divorce his wife, otherwise it  shall be termed as bigamy and you will be liable for punishment. 


Can my child's biological father re appeal for the changed in visiting rights and custody ?
If he thinks that the circumstance under which the child brought up now shall be hampering his future and career, he may prefer an appeal.

They are now saying since the child's father is alive and visiting they need a clearance from him that he is ok for child to get the passport . Now the situation is that the biological father may never give this as he wants to control the child's life . Not a good human . So what are my legal ways of getting the passport for my child ? 

For obtaining passport for child biological father's s=consent is mandatory as per the prevailing law. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
They are right. The consent of the biological father is required unless he has been absolutely debarred from visitation. No petition lies for the same. Convince his father to consent to the passport application for your child. If he does not consent then you can move to court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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