How can i claim my daughters custody

Querist : Anonymous (Querist) 15 November 2011 This query is : Resolved
I am legally divorced and I have a 19 months old daughter and she is presently staying with her mother. Initially I agreed to in staying my daughter with her mother. But my ex wife is planning to get married. Now I am worried about my daughters future and want to take the custody of my daughter. But presently I am in Gulf and my daughter is in India.
Would anybody advise me how can I fight for legal custody of my daughter, staying in Gulf. What is the possibility of obtaining the custody.
thank you for your time and consideration and looking forward to hear from you soon.

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Devajyoti Barman (Expert) 15 November 2011
The remarriage of the spouse in whose custody the child is staying is NOT ALL a ground for custody.

In custody proceeding you have to just prove that the child's welfare is at stake either out of remarriage or not.

If the court finds that the child welfare is quite secured even after her remarriage, I regret you have no case.

In the famous child custody case where the ex wife remarried with the cricketer Anil Kumble, the biological father Kumar Jagirdar failed to get the custody of the child in which case the supreme court elaborately discussed on this topic.

Shonee Kapoor (Expert) 15 November 2011
Remarriage is no ground for change of custody.

And getting custody of such small kid, whom you are not meeting regularly and also you are outside the jurisdiction of Indian Courts, seems hard you would get it.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Rajeev Kumar (Expert) 15 November 2011
Both Barman and shonee is right

Sankaranarayanan (Expert) 15 November 2011
i do agree with mr barman with best citation and also mr shonee

Raj Kumar Makkad (Expert) 15 November 2011
I have also similar views.

Arun Kumar Bhagat (Expert) 20 November 2011
I also agree with Mr.Barman and Mr. Shonee.

Guest (Expert) 21 November 2011
Your claim may gain weight only after yoru ex-wife gets married. Mere planning on her part may not be sufficient to be presented as a proof to assert your claim. Better wait and have some solid proof about marriage of your ex-wife.

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