Re-settling in another country and want to take my daughter

dear querist ,

yes you are able to marry a person from us as you have gained divorced and completed the period of iddat too.you have to move special application for permission to bring your daughter alongwith you to US as your ex husband has visitation rights but for the welfare of the daughter and for best studies taking into consideration the court can give you the permission for it ,there are many similar permissions are already given by the court for the welfare of the child.want to know few more things to give you detailed advise in this concerned,feel free to call if you have left and query or need detailed guidance.

1. First hire an advocate who specialises practicing before State's HC - nothing below him will work is my view.
2. Ask him to file Petition in State's HC under “change of circumstances” annexing first "the re-marriage proposal” and secondly "the offer consideration of job in USA letter from employer in their offical Letter head” and thirdly search for suitable residence in County where you are proposing to move and thereby annex "its address" and pray for modifying the earlier decree to such extent wherein once in a year during longer school / college holidays you will on your own expenses bring child to meet her father un-interruptedly (to India).
3. Alimony has no relative relation NOW if your main headache concern are on “how to change child’s ordinary residence i.e. moving to overseas country”. One thing at a time is my view here.

Your petition will though be opposed by him / his side initialy but the moment you follow / your side presses for prayer as hinted in above para 2 all your prayed relief will be heard and passed accordingly.
A particular Apex Court Judgment favours you in asked brief facts before us hence above reply placed here for to act accordingly.

Extremely valuable advise . Many thanks. One more query related - Once i re-marry, can my 'new husband'  be able to sponsor my daughter. Wouldnt she need to change her name ( i wish so, but i would respect the Court's order )

May i know how to go about this case, Who can i approach for a legal confrontation. I wish to seek help from someone who has had similiar experience.

Once again, thanks so much. Feel so relieved

J

1. Sponsorship is dependent upon Local Laws where the child is being taken to. For the same study local Laws or ask your would-be to help you in this direction or contact US Ambassy in local city for more details on dependent visa issues as it is totally different scope to discuss in here [for free !]
2. Name – surname change is not a must.
3. Possible lead which you asked in your last para - Contact your earlier lawyer to give reference of an HC lawyer of good standing OR search LCI database for local lawyers OR via family - friend reference search for an local lawyer OR wait some Lawyer from K'taka will approach you from this forum itself reading your messages. 

Thanks. I would prefer a Mumbai based lawyer as my base is from Mumbai . My marriage, divorce have all been thru the Mumbai Family court. So from the forum, I would expect a response from a Mumbai based lawyer of high standing.

Thanks again

J