Frequently Asked Legal Questions and Answers › Category: Family Issues › Child Visitation rights for an NRI

I am working as a teacher in Thailand. Firstly, I believe that you can help me to visit my son (in Guduvancheri) nearly after 10 years. I was married to Singapore permanent resident. After moving to Singapore, I was suddenly divorced by my ex-wife in Singapore (2012) since I don't follow her step-parents unfair conditions. I didn't attend any divorce court proceedings in Singapore. Since they faked the reasons for the divorce. I just left Singapore. So she was granted sole child custody by Singapore court. My son was just 2.5 years old then. And I never met my son until now. As an NRI, I need Child Visitation rights.

NRI Child Visitation: Ensuring Parental Rights

After divorce, she immediately married a Muslim guy (just behind her house in Chennai) near her step-parents house in Guduvancheri. She converted to Islam. Mostly likely my son is also converted. From her social media I understood that she returned to Guduvancheri many years ago. Looks like she is having a kid with her new husband. And my son is just having an average life with her. I am worried about his future. So I wanted to meet my son and understand his situation. I want to give him good education and quality of life.Since my son was just 2.5 years old during divorce, I am pretty sure he is unaware of me (Biological father). I found out my ex-wife residential address in Guduvancheri. In fact, I would like to file a case to legally meet my son. I have the divorce certificate and court order from the Singapore court where divorce was granted. The Singapore court has given reasonable Child Visitation rights to me. I will visit Chennai on 18 December 2022 and return Thailand on 30 December 2022. Kindly advise me on the process and help me to meet son.

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Legal Solution: Meeting Son as a Biological Father

As an advocate, I understand your desire to meet your son and establish a relationship with him. Based on the information provided, we can explore the following legal steps to help you achieve your goal.

Step 1: Gather Relevant Documents

To initiate legal proceedings, it is essential to gather all relevant documents that support your claim as the biological father and your Child Visitation rights. In your case, the following documents are crucial:

Divorce certificate from the Singapore court
Court order granting you reasonable Child visiting rights

Ensure that you have these documents in hand before proceeding to the next steps.

Step 2: Consult with a Local Attorney

Since the matter involves international jurisdiction, it is advisable to consult with a reputable attorney in Guduvancheri, Chennai, who specializes in family law or international child custody cases. An experienced attorney can guide you through the legal process and provide personalized advice based on the local laws and regulations in India.

Step 3: File a Petition for Visitation Rights

Your attorney will assist you in preparing and filing a petition for Child Visitation rights in the appropriate family court in Guduvancheri, Chennai. This petition should include:

Your personal details
Details of your divorce, including the date and court that granted the divorce
Copies of the divorce certificate and court order granting visitation rights
Information about your ex-wife's residence in Guduvancheri
A request for visitation rights and an explanation of your intentions to provide a good education and quality of life for your son

Your attorney will guide you through the specific requirements and procedures for filing the petition in Guduvancheri.

Step 4: Attend Court Proceedings

Once the petition is filed, you must attend court proceedings in Guduvancheri. The court will consider your case, taking into account your visitation rights as granted by the Singapore court, and assess the best interests of the child. It is essential to present your case effectively, highlighting your willingness to be involved in your son's life and provide for his well-being.

Step 5: Mediation and Negotiation

During the court proceedings, the court may suggest mediation or negotiation between you and your ex-wife to reach a mutually agreeable visitation arrangement. This step aims to encourage communication and cooperation between both parties, with the best interests of the child in mind. Your attorney will guide you through the mediation process if it becomes relevant to your case.

Step 6: Court Decision and Enforcement

After considering all the evidence and arguments presented, the court will make a decision regarding your Child Visitation rights. If the court grants your request, it will provide you with an order outlining the specifics of your visitation schedule and conditions.In case your ex-wife fails to comply with the court's decision, your attorney can assist you in taking legal steps to enforce the visitation order, ensuring that you have meaningful access to your son as determined by the court.

Conclusion

It is important to work closely with an experienced attorney in Guduvancheri, Chennai, to navigate the legal process and increase your chances of successfully meeting your son. Remember to provide all relevant documents and present your Child Visitation rights case diligently during court proceedings. Patience and cooperation throughout the process will be crucial in achieving your goal of establishing a relationship with your son and ensuring his well-being.