Legal Question in Family Law in India

Sir, I have twin 3 year old girl child.

My wife is fully mentally retarded from february-2013(due to side effect after come out attempting hanging).

Now my wife and my children both are with the parents of my wife. They only taking care of my children.

How to get back my children ? Please advice me


Asked on 12/23/13, 1:52 am

3 Answers from Attorneys

who will take care of your children once they are with you??? what about your wife what is her status?? I need more advice before i can give an advice. contact 9312411481

Read more
Answered on 12/23/13, 6:55 am

file case for custody of your children.

Good luck.

Merry Christmas.

For more detail you may consult me at [email protected]

Regards

Read more
Answered on 12/24/13, 9:51 pm

Hello.

You will have to apply to the Court to obtain the custody of your children. As per the law, the custodial parent will be the primary caretaker responsible for the emotional, medical and educational needs of the child and the non-custodial parent will have the right of access. The non-negotiable principle on which custody is decided is the 'best interest and welfare of the child'. Who will best serve the child's emotional, educational, social and medical needs is the only criteria.

The earning capacity of the parent does not determine custody but the capacity to provide a safe and secure environment does. While the mother is the preferred custodial parent when the child is of a tender age, if it is proved in the court that she is unfit to have the custody of the children due to reasons as may be (in your case, mentally ill), the custody of the children would be given to the father of the children provided he is able to best secure the rights and interests of the child.

Get an expert lawyer to help you with the filing of the case. You can call me at 09555 507 507 or send me a mail at [email protected]

-Regards

Advocate Pooja

www.lawkonect.com

Read more
Answered on 12/26/13, 3:37 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India