Issue of custody not mentioned in divorce decree and immigration issue

Question

Issue of custody not mentioned in divorce decree and immigration issue

12-Jul-2025 (In Divorce Law)

Had a Christian marriage.Got divorced but Custody was not mentioned in decree,why was that?.3years later,now that I'm married again I want relocate to US with child since husband works there but not having sole custody of child in document is an issue.Petition for sole custody filed but respondent not receiving notice for months and court process getting delayed.What can be done to speeden up process? Child's passport also has biological father's name.Will this be an issue while getting visa?

Answers (1)

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LawRato LawRato · Accepted Answer · 2025-07-12T12:41:35+05:30

Thank you for your query. In many Christian divorces, custody is not explicitly mentioned in the decree if neither party contested it or if the child continued living with the mother without objection. However, to avoid future complications—especially for relocation and visa purposes—it is advisable to obtain a formal court order granting you sole custody. Since the respondent is not receiving notices and the process is getting delayed, you can request the court for ex parte custody orders, citing the respondent’s non-appearance. This can help speed up the process. Regarding the child’s passport, since it still bears the biological father’s name, you may be asked to produce the custody order or a No Objection Certificate (NOC) from the father while applying for a visa or updating passport records. Alternatively, you can apply to the court for a direction to the passport office under the Guardians and Wards Act to endorse your name as guardian.