Legal Question in Family Law in Bangladesh
Hi, im a 33 yr old woman and I have a 2 yr old son. I got divorced in april 2015 because my husband was a drug addict and a dealer plus he used to physically abuse me and threaten to harm my son if I did not give him money. He never supported me or my son financially either. I would like to move abroad with my son. He will not ever give any written consent for me to move abroad with my son. What can I do? Plus nobody knows his wareabouts. What can I do to get sole custody of my son?
1 Answer from Attorneys
Thank you for your question.
As a mother, you have the priority for the custody of the son (until the age of 7 of your son) but your husband being the natural guardian of the child is responsible for the welfare of your child. You husband will always have the legal control over your children. So after the age of 7 your husband will be entitled to have custody of your son. However, since your husband is a drug addict/dealer and he is unavailable, it seems that your husband is not a proper person to for the well being and welfare of the child. In such a case, I would like to advise you to file a case of guardianship of your child before the appropriate court. If you can show the court with proper evidence that comparing to the husband you are more appropriate for the welfare of the child then the court may give you the permission of guardianship. However, I am very doubtful about whether the court will give permission to take your son with you in abroad.
Please do not hesitate to contact me for further information.
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