Child custody proof – Please help

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  • This topic has 3 replies, 1 voice, and was last updated 12 years ago by Anonymous.
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    • #151

      This post is a follow-up for the earlier “Custody in case of abandonment” topic.

      As per admin’s earlier reply, also in case of abandonment there needs to be a court order for legal child custody proof. This was not known by me earlier.

      Further information: I along with my son came to a western country legally with a work permit and we both have permanent residence here. We have lived outside of India for 10 years and both of us have Indian citizenship. I along with my son want to emigrate from one western country to another. The whereabouts of my ex-husband are still not known, no contact whatsoever for past 8 years. We were abandoned during our stay here. My divorce petition states his whereabouts are not known and that we were abandoned.

      Given the fact that my interview at consulate is in next 3 weeks, is there a possibility of doing something fast so I am able to prove at the consulate that I have legal custody of my son?

      I am given to understand that “sole custody” in India does not exist. Is this true?

      Look forward very much to your valuable opinion and appreciate the time spent by you for me.

    • #1064

      If at the office of consulate if it will be asked about lawful custody of your minor son, you may file an affidavit stating the fact and custody of your son, it will be sufficient proof for the same.

    • #1065

      Read these in your immigration documentation.

      The following factors may delay the processing of your application:

      •unclear photocopies of documents

      information and documents provided required independent verification

      •a criminal or security problem

      •family situations such as impending divorce, or custody or maintenance issues, or completion of a legal adoption

      As i wrote earlier west is not like India, you have to Produce all documents, there is no other way than legal Procedure to get Legal custody.

      Even if you say you are not divorced,still they will ask where is the Father of the child.

      In application itself they are asking.

      Write the personal details for your children. It is very important that you list all of your children This includes:

      •married children,

      •adopted children,

      •children of your spouse(step-children) or common-law partner,

      •any of your children who have been adopted by others,

      •any of your children who are in the custody of an ex-spouse, former common-law partner or other guardian.

      And now you are in netherland, If husband is in India or somewhere else, its very difficult to get Custody papers or NOC from him, and ofcourse he will abject if he is aware you are migrating.

      and Telling Lies to Visa / Immigration Officer may cancel your Right to residency in Future country along with deprotation.

    • #1066

      I thank Kachave and the admin for your replies

      But i want to make one thing very clear. All my previous years and now absolutely no “lies” was told to anyone or any form of masking or hiding any information. Not in India, not in anyother country or to any consulate. What i am trying to do is only to consolidate my position with all documents i can get in correct form and legaly and hope for the best.

      I am only trying to consult those here who i think might be experts for their opinion.

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