1) you can make application to court seeking joint custody of your daughter

2) court will grant you atleast visitation rights

3) application has to be made wherein your daughter is presently residing

4) please note that merely because your ex wife has remarried does not mean that she will loose custody of her daughter

Hi, you have to file a petition for custody and visitation right of the child in Bangalore Court as the child is residing in Bengaluru so you have to file a petition in the court.

2. As the child is 8 years old normally court will allow for visitation right in the worst scenario.

==Yes you can apply. But the court will look the aspect of welfare of the child.

But before that you find out the whereabouts of your wife and your daughter. You can take the service of private detectives for this purpose. After that meet you wife and convince her that you want to take the custody of your daughter. If there is no dispute, your problem is solved.

If she does not agree, you have to file a case before the court and you have convince the court that the welfare of the child will be better than your wife custody. You have to explain the court that since she remarried, there are every chances of having children from the wedlock of your ex-wife through new husband (present husband), hence your wife may get attached to the child born through them and you wife may neglect the welfare of your daughter. And any other suitable reasons.

You have to convince the court that you are well settled in your life and you earn very well so that you can look after the needs of your daughter according to your status. Your Advocate will guide you in this respect, you need not worry.

If by any chance, the court will not grant the custody to you, you may ask for visitation rights. You will definitely get the visitation rights. You can spend whole day with your daughter. Since the places are very far away from each other, i.e. you stay at Kolkotta and she stays at Bangalore, you can ask the court to direct your ex-wife to bring your daughter somewhere in the middle place, amicably decided by you.

If the issue of child custody has not been decided by the court in mutual divorce decree then you are free to file a petition for child custody in the court which is to be decided on the touchstone of welfare of child. As there is a delay of around 9 years by you in filing the case it will be difficult for you to get the custody but you may get visitation rights. Further delay in instituting the case will make even visitation rights a distant dream.

I want to know what LEGAL STEPS can I take to meet my daughter?

My father in law isnot giving us her new marital home address.

What is my eligibility in fighting for legal custody of my daughter as my wife has remarried?. She is still a housewife there i heard.

You can file a child custody ce now before the competent court of law within the jurisdiction where the child is presently living.

Since you are not knowing the correct address of your wife, you may implead your father in law as a 2nd respondent stating that your wife is residing elsewhere whereas your child is under the custody of your father in law ever since sh married somebody and settled with that somebody ng back.

Let your father appear in the court and give his statement after which you can put pressure on him before court to divulge the address of your ex-wife where your child is believed to reside now.