Harrish21 28 March 2017

MoM divorced / child custody

Dear all, I got divorce as on 01/17/17(after 2.5 years of battle to get back the child) with memo of compramise where I have stated that I will not press the visitation rights petition and child custody petition, also I have stated that I will NOT file any petition in any court, and the sole custody would be my wife. My wife stated that she will not press the maintenance case(no money paid to wife or my son(4 years now), However upon enquiry with the judge, I told the judge that I would like to see my child at least once in a year, but my wife refused, hence judge said as of now finish off this and get divorce, so I did the same the judge said that I can still file a I.A for visitation separately, now my question is 1. As per memo of compramise I stated that I will not file any more case in any court, in that case can I still file a fresh application. 2. If my wife gets remarried will I get the custody of my 4 year old son(how to find if she has re married or not) 3. If I file a fresh petition will my wife re open her maintenance petition. All I need is if my wife doesn't re marry let her keep the child, if she does then I want my child back because I do not want my child to call someone as his father, can I file a frsh petition stating I want my wife to reply me in petition that she will give the custody of child if she re marries, I don't want to remarry and would like to remain divorced, kindly answer my queries. Thank u very much

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Originally posted by : Harrish21
	Dear all, I got divorce as on 01/17/17(after 2.5 years of battle to get back the child) with memo of compramise where I have stated that I will not press the visitation rights petition and child custody petition, also I have stated that I will NOT file any petition in any court, and the sole custody would be my wife. My wife stated that she will not press the maintenance case(no money paid to wife or my son(4 years now), However upon enquiry with the judge, I told the judge that I would like to see my child at least once in a year, but my wife refused, hence judge said as of now finish off this and get divorce, so I did the same the judge said that I can still file a I.A for visitation separately, now my question is 1. As per memo of compramise I stated that I will not file any more case in any court, in that case can I still file a fresh application. 2. If my wife gets remarried will I get the custody of my 4 year old son(how to find if she has re married or not) 3. If I file a fresh petition will my wife re open her maintenance petition. All I need is if my wife doesn't re marry let her keep the child, if she does then I want my child back because I do not want my child to call someone as his father, can I file a frsh petition stating I want my wife to reply me in petition that she will give the custody of child if she re marries, I don't want to remarry and would like to remain divorced, kindly answer my queries. Thank u very much

If you wanted this, you should have mentioned this in the MOU. Then she would have binding.

However, you can always fickle-mindedly approach the court with your blah blah story asking visitation rights and or custody of child, which the court will look into and decide based on merits.

Now my advise is, you go for share parenting plan. I can help you prepare a nice shared parenting plan where all 3 will be happy, sometimes all 4 will be happy in case your wife remarries. See what more solutions you get from others in this forum and decide on chosing appropirate method to come out of this problem.

Advocate Ram Prasad (Chief Lawyer) 29 March 2017

As said by helping hand ur fikle minded. u shd have perceived all ur options while making ur MOU, however if u still love ur child negotiate through a respectable mediator first to give custody to you & see what comes from her. Persue in the court then "in the interest of the child" & not ur liking. show that u can give a better life to the child than her. this approach may help u. get a good lawyer.