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Mint (none)     21 July 2014

Divorce and child custody

Myself, my son and Ex wife all are US citizens. Our divorce was by Mutual consent in India about 4 months ago and the custody of ward is with me. The Ex has 8 visitation rights in a year.

1) If I move back to US with my son,and the Ex wants to live in India, how does the child visitation need to be dealt? Will I need to alter the petition through court OR just have a written agreement between her and me that I am taking the child to US OR simply have a verbal agreement? 

2) How soon can I get remarried. The date of divorce decree issued by court is now 4 months?

Thanks for your help. 



Learning

 1 Replies

Tajobsindia (Senior Partner )     21 July 2014

1. It should be 'revised' from jurisdiction Court and not personally between parties. 

2. After 90 days of knowledge of Decree in Divorce proceedings parties are at liberty to get re-married. 


BTW,
if relations between ex-spouses are still cordial the ‘change in circumstances’ r/w mutually agreed revised terms and conditions between parties for visitation of minor with non-custodial parent can sail smooth and if there are objections from natural mother then same can still be sorted out harmoniously. Normally what I have seen is that if parties mutually agree before approaching for revision then more time during visitation once or twice a year gets allowed as revised understanding of parties over their current agreement. See where you stand today with your ex wife reading down this large summing up para and then act accordingly!  BTW, during discussion with ex don't hint on re-marriage instead concentrate on better quality of living for minor of parties in USA as one of the reason for approaching for 'revision of previous MCD terms'.


[Also try to get hold of same Advocate who effected MCD of parties as he may know the finer sail trough facts of parties to then have achieved MCD of parties.]


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