Hi friends,
My husband filed for divorce in New jersey in Nov 2011 and got a divorce degree from NJ court on 5th march 2012. I had filed for divorce petition in bangalore family court in Nov 2011 just before he did. The summons has not been served to him yet. In the last hearing I came to know that they tried to servce notice to my in-laws place in hyderabd which has returned back for incorrect address. The judge did not mention anything about the confirmation on whether the notice was served to NJ address to my husband where he is currently residing.
I understand from my laywer that i should plead and request the judge in my next hearing to grant ex-parte order if the responded has not appeared in the court OR if the notice is still not served then provide a memo mentioning that the notice be sent through registered post and we can send telegram to said address. Please let me know if this is how the court works.
I want to expediate the proceedings and get custody of my son. When should i plead or pray for custody of my son to the judge? Should i wait until the ex-parte divorce is granted?
Can the judge grant ex-parte and custody of my child together on the same hearing date?. What is the procedure to get the custody of my child? He is US citizen and living with me from past 3.5 years now.
