• Custody of daughter post divorce

I had got married in the year 2001 and we got mutual divorced in 2007. 
In between we had a daughter who was born in 2007. 
As she was an infant when we got mutual divorced, I never tried to discuss any custody of the child. 

Now its 2016 and she is around 8-9 years old and i hv never seen her since 2007. 

Now can i apply for Legal custody?
Also I had contacted my in-laws house to know about my daughter a month back, but my father-in-law said that my wife got remarried and she doesnt stay with them and didnt divulge any other details. Through other sources I came to know that she is now residing in Bangalore in her new marital house. 

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. 

Please reply and help in details please.
Asked 9 months ago in Family Law from Kolkata, West Bengal
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
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. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
==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. 

Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
13970 Answers
127 Consultations
5.0 on 5.0

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