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Can I send legal notice from one state and file petition from another?


20-Mar-2023 (In Divorce Law)
My wife has gone to her native and planning to settle there along with our son and does not allow me to meet or talk to my son. Can I hire a lawyer, from the jurisdiction where we got married, to send the legal notice, for child custody and if the notice is refused or not responded within stipulated time frame as drafted by lawyer or if both parties could not arrive at an amicable mutual solution, then can I file the petition from the jurisdiction where child's school is present, which is in a different state, where we last lived? She is planning to find a new school in her native. Can I ask school not to give TC without prior consent of both the parents? Is there a legal way to stop TC? If I do not get custody then what is legal option for join parenting. I am ready to bear all expenses to support them. Not looking for restitution of conjugal rights and divorce isn't priority, only looking for child custody or joint parenting. I understand visiting rights will granted in any case.
Answers (3)

Answer #1
533 votes
yes you can send the legal notice from the place you reside or your wife resides or the last place where you both resided together divorce is of two types mutual and contested yes you can also apply for child custody what is the age of your child and what is your jurisdiction ....
Answer #2
570 votes
as far as territorial jurisdiction is concerned you have the option to file the suit either at the place where your wife is residing or you both last resided together among others. but the place of school of your child will not confer or limit the aspect of territorial jurisdiction. as far as restricting the school from issuing TC without your consent is concerned if the rules allows issuance without consent of both parents then it cannot be withheld without your consent. if you can satisfy the court about your bona fide intention of joint parenting which if is in best interest of the child then certainly the court will grant you the same.
Answer #3
819 votes
Hello, I have been through your query but for answering you in a better way I need a few more details. Some key details are missing in the query and as such its not possible to guide you in a legal manner. Regards, Shayan

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