Legal Question in Family Law in India

Adopted child custody

I am a housewife,staying at gujarat,having 7years old adopted girl.Married since 13 years.But under strees,and lot of pain.Looking for separation or divorse.But need adopted child custodian at any cost.Initialy i will stay in my freind house and then i will join a job.If court ask my daughter wish,she will say to stay with me.My husband is working with mnc company but under mental treatment.Pls let me know whether i will get the custodian of my child or not??


Asked on 8/20/08, 10:42 am

4 Answers from Attorneys

Re: Adopted child custody

Thanks for referring an important question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

As you say that your adopted daughter is 7 years old and your husband is working with mnc but he is under mental treatment and you want custodian of your daughter. While deciding question of giving custody of minor child court has to see welfare of the child and convenience of child. If you prove the same in the given circumstances then you may succeed getting custody of your child.

In case you find any difficulty, please don�t hasitate to recommunicate your problem. All possible assistance will be provided you.

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Answered on 8/20/08, 12:15 pm
Pravin Vaidya Independent

Re: Adopted child custody

LOOKING TO THE FACTS NARRATED BY YOU, YOU CAN CERTAINLY GET THE CUSTODY OF YOUR CHILD

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Answered on 9/01/08, 5:54 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Adopted child custody

first of all, you should remove the word "adopted" from your mind and in all your communications.

After adoption, the child is yours just like a natural born child to you. Therefore, you are the mother (and not "adopted" mother) for all legal purposes.

If the child is capable of expressing her wish, the court will consider her wish while deciding her custody.

Usually the custody of a female child is awarded to mother.

Therefore, you have a very good chance of getting child's custody in the given circumstances.

you are also entitled to adequate maintenance for yourself and for the child out of income of your husband.

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Answered on 8/20/08, 9:13 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Adopted child custody

From facts stated above it can be said that custody can be given to you by court. Final decision is of court ofcourse.

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Answered on 8/21/08, 1:59 am


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