Legal Question in Family Law in India
Child Custody
I am married since last 9 years.
After seven years my wife left with my son and got settled in a different city
I also got settled in same city to pacify her to return.
Nothing fruitful happen and we are now ready to file for divorce by mutual consent
Now my wife is going alone abroad for atleast a period of two year,and keeping our son in boarding
My son is now 6 years old, can i get permanent custody of child since his mother is going abroad,or will i have to wait for some more years
6 Answers from Attorneys
Re: Child Custody
Yes right now you can claim custody of your child. As of now she is not interested to take care of your child you can claim the custody of child and you also claim permanent custody of child.
M.P. SANJAY
Ph 9392465234
Re: Child Custody
You are entitled to seek the custody of the children. As far the courts are concerned it is always measured in favour of the welfare of the child.
Re: Child Custody
Your entitled to seek custody of the child. However, for the courts the paramount consideration will be welfare of the child.
Re: Child Custody
No donot wait you can apply for custody.
Re: Child Custody
you can file a guardianship case under the Guardian and Wards Act,
Re: Child Custody
Dear brother,
You can take the custody of your child. Because of two reasons,;
1. Your wife dont have time to care about child and your child is in boarding and you can take his care well instead of boarding.
2. After 5 Years father can claim his right and can take custody of his child but after the age of 16 years, it is the willingness of your child wheather he wants to live with you or your wife.
But you had not clear that how much you are earning and how much your wife. So that point is also important because court saw these aspects also.
childs welfare is the main motive to provide the custody.
Gud luck.