Hi @shoonee
Yeah that was my understanding also that I would have to file in Jaipur. The question is should I file now when I am working full time in US
or
should I file in 3-6 months when I plan to move back to India since it helps in custody.
Also, is it ok if I file for custody in 3-6 months. I have filed for interim custody in the current divorce case anyway.
HI @Raajeev
Thanks so much for your detailed response.
As i understand it i will give you certain things to do to make your case very strong for obtaining child custody.
1)The prime issue for a court in india to give you child custody is that who is a fitter parent?That means that with whom is the child welfare better with?Financial status does not matter that much as much as time spending with the child.If you as a father are working from home,you stand a good chance of getting custody as the child can be attended to well.Most fathers do not get custody as traditionally they are the earning members and are away on work from morning to long hours.So if you work from home then the judiciary will be more open to granting custody to you.
Yeah, this is a reasonable option and I am seriously considering this. It will be tough to leave working for one of the best companies in US. But, have to sacrifice to betterment of the kids (twins)
2)You need to pay a decent amount every month for the children for their upkeep,it need not be exorbitant nor less.Continue to pay that and also pay a lumpsum for their education to her.Pay it by cheque and courier it to her and keep the records.Dont discontinue that for any reason.Even if the court case is going on.
I will start doing this immediately. My previous lawyer misadvised me and I had stopped for 2 years since the court case was going on.
3)Make a trip every 2 months to see them on a weekend and keep the airline boarding pass for record.
I had gone to their school and met them. As soon as their mother came to know, she told the school authorioties to stop allowing the kids to meet me. Going to their home is out of question and probably dangerous.
4)Send them as many gifts as possible and keep the courier records.
Yes.
5)Dont by any chance discontinue her working and try to keep a record of her working proof with you as her working and spending time away from the children will work against her.
Yes I have enough evidence of that.
6)Say that you have employed a full fledged maid in your home for the upkeep of the child with you being in thenhouse.
Ok
7)Ideally your parents should live with you with you working from home so the child will get grandparents love also.
Yes my mother and father are in India and will live with me when I am back.
8)Make your parents also visit them and send them gifts and keep their courier and travel details.
Not possible as the wife and her parents do not even take my call.
9)Register a letter for information only in the local police station where you live or even in her town that she left with the verbal commitment that she is coming back with the children and has not come back.If it is an information only letter its not a complaint and the police will not act till you pressurise them.Keep a copy of the acknowledged letter.
ok
10)Furnish the snaps to the court that they are happy in your company.Keep a copy of your std bills made to the children from outstation saying that this is the time you have spent with talking to them.
I have snaps and videos that I have kept safely.
11)Make applications to various head hunters and keep the copy of them to prove that youa re willing to relocate for the children.
Ok
12)All the sms or emails you send to her should be peacefull and asking to reconcile the situation.No aggressive or threatening tone.
Yeah we are not on talking or email terms.
I hope i am helpfull in providing you these procedures which will help you in gaining custody.I am also a loving father and i know the pain you are going through.Email me if you want me to give you more advice or queries.
Thanks a lot.
Raajeev Sampat.
raajeevsampat@hotmail.com
