Legal Question in Family Law in India

Re: Child Custody

you are unnecessarily taking tension. From Facts above i don't think he will ask for custody of child in future.

Re: Child Custody

Your apprehensions are well understood. Please note that for court to grant custody, the court sees the welfare of the child. That is the paramount consideration. So, if you are taking good care of your child, giving child the education he or she needs, and top of it the child is so happy that he is not even keen to meet his father, then child welfare is well taken care of. You are certainly on a very strong wicket. As regard filing for the custody of child is concerned, can any one stop one from doing so - No!

But if he files, in your case, the chances of his success are very very minimal or not even there.

Keep the good deeds up. You have your child, your will power, your God all with you. So, never say that you have no one in the world. Be confident, Be Bold, have faith in God and you will see that every thing will come alright.

Vishwa Arya

Re: Child Custody

the custody of the child is granted to the parent who can take good care of the child as the welfare of the child, n child alone is of paramount consideration for the courts. if you are taking good care of your child, your husband cannot take custody of the child and the custody will remain with you. in the present circumstances, when he has remarried, his chances of getting custody have further diminished. you may relax.

Re: Child Custody

Chances of father to take custody of the child is almost negligible.

Besides the paramount consideration of the welfare of child, court now also considers the wish of child, as per the latest judgment of supreme court. So even if the father seek for child custody, then court would not grant custody without taking into consideration the wish of child, and since your child does not want to go with his father, there is no way can father secure his custody.

Feel free to contact

Re: Child Custody

The custody of the child is likely to stay with you. A mother can be deprived of child's custody ONLY when she is disentitled i.e. when it can be established that her behaviour is not that of a 'good mother'. Thus normally, the custody of the child remains with the mother. You have nothing to worry in this situation. Just take good care of your child. Since your husband has already remarried, even your remarriage may not disqualify you for custody of the child.