Sole custody of child

Filing of petition for getting the custody of the child after getting the Visa should be a preffered option.

thanks for ur reply sir.

yes, you can do so after getting your visa. 

when you wanted to get divorced and marry a man of your choice, you gave in writing that you will leave the child with the father if you go out of the country. Now you want to renege on the contract - great.. Har taraf se laddoo khana pasand hei aapko.. Its not so easy and your husband can try to get restraining order against you as you are tring to commit fraud.

thanks manish for telling that its not so easy. i am afraid of commiting a fraud i would rather not eat the laddos. thanks for the warning. i posted my query  seeking logical answers from intelligent people like you.

When the divorce took place, you both arrived to the mutual agreement and I suppose at that time the child's age was 5.  Now what is the age of the child?  If she is intelligible, the court would like to find out her preference- to stay with natural mother and step father or to stay with natural father.  The courts also will take into consideration whether the natural father had already married.  If it is so, the balance tilts towards the mother.  The child's choice along with the welfare of the child - those would be considered by the courts than the mutual agreement reached between the estranged couple in a hurry.  

Though the child custody and visitation orders can be modified at any stage. It is better to settle the issue mutuallty in mediation.

You requesting for sole child custody would open the can of worms again.

dear chandu sir and shonee sir,

           the child is 4&1/2 year old now. i was not willing to fight a contested divorce because i wanted to keep my child away from all the stress that comes to family when it is facing a court case. so i gave into whatever he demanded.

            i dont plan to remarry but as i have better career abroad, and a better future for the kid, i now want to move abroad. i want his sole custody as i know he is never going to sign the passport papers. he even forced me to stay in different house in the same place he was staying (even after divorce where i had none of my relatives)and wanted a written deposition on that too but the judge objected that you cannot force somebody to stay in a particular place. so i moved to my parents place now.

             now should i file the custody case now or after i get the visa (i am not planning to remarry in future). how long will the case take to get resolved?

custody case adjudication will take some years.  Interim application will be decided in a few months.  As you will be going away in a few months, it is better to file custody case right now.  But the outcome of custody case and interim application is difficult to predict in the peculiar facts and circumstances of your case.  It is a risky proposition for you to approach the court either now or after obtaining the visa.  I hope I have made myself clear.