Legal Question in Family Law in

I am planning to get divorced.I am having 2 children,the elder one(girl) is 2 years and 8 months and the younger one (boy) is 3 months.I got married before 5 years.I am more educated and financially sound than my husband.I am also working in a reputable position.So I would like to know whether I will get the custody of my children.Without them I cant live.Till which age I will get their custody.

Asked on 10/12/10, 12:50 am

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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yes, you being the mother, will get the custody but your husband may seek visitation rights through court of law and that you may allow.

Answered on 10/12/10, 12:45 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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The custody decisions are taken by the courts considering the "welfare of the child". You will need to establish that children's welfare requires that they live with you. Otherwise, after the age of 5, the father is the legal guardian.

You have not clarified if you have already been separated or not. If not, then as of now, the custody is considered as joint; if yes, then you are in exclusive custody and may apply for a stay order.

once you have "exclusive custody" and the children are living happily with you, the courts may not change the arrangement unless required for children's welfare.

Answered on 10/12/10, 2:31 am

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