Legal Question in Family Law in India
child custody
I have been married since 4 yr 7 months and we have 3 1/2 years old son. As my wife had depression and personality disorder and she fled the country with my son who was my dependant and dropped my son back in india with her parents and came back to country where iam living and living separately since last 1 year. now she is asking for divorce and claiming son to her custody. both of us are earning and are doctors and I was trained as a psychiatric doctor as well. . I have got documents from psychiatrist saying she was suffering from depression then when she fled the country and was on treatment.( Not schizophrenia). As she has kept my son in her parents house and she calls him everyday and since last 1 year i have not spoken to my son and there could be a chance he would have forgotten me now.
can I in anyway claim for the custody of my son. we are agreable for mutual consent for divorce . can you please tell me how can i get custody of my son or any ways of getting authority over childs care?
7 Answers from Attorneys
Re: child custody
Depression sufferance does not disentitle a mother for custody of an infant. on the other hand, depression at this young age can be rather attributed to husband's bad behaviour towards the wife.
if you are agreeable for mutual consent divorce, better you formulate conditions of divorce alongwith the cnditions of custody - visiting rights for the father and custody with the mother.
reaching a conclusion that the mother is suffering from depression and may therefore be disentitled to custody would be too far fetched and may land you in misgivings.
Noone can prevent you from child care. you can surely detail your program about the "caring" and submit the same before custody court. if you have any definite plans about caring the child, you are welcome to discuss with me. No charges.
Re: child custody
Please follow the hereinmentioned proceedings :
(1) File a case for custody of the child in the family court of India.
In this type of cases the court normally grants custody of child which is exclusively based on the welfare of the child.
(2) Prove in the court that your child is suffering from disorders and though the custody with her parents.
The Court will allow the application.
In case of need please contact personally.
Consultation is free for you.
Re: child custody
In consent terms to be filed in court during mutual consent divorce you can put a condition for custody or file a case for custody if she does'nt agree.
Re: child custody
you can file for custody of teh child in teh family court but if you have decided to take divorce by mutual consent you can formulate the condition in teh same
Re: child custody
you mayfile case for custody of child in the family court in india, normaly court grants custody of child based on welfare of child, if you are able to prove she is suffering from disorders and custody is with her parents , normaly court will allow your application for custody.
Re: child custody
you mayfile case for custody of child in the family court in india, normaly court grants custody of child based on welfare of child, if you are able to prove she is suffering from disorders and custody is with her parents , normaly court will allow your application for custody.
Re: child custody
Sir,
you can get custody of the child, i suppose that was the answer what you have been finding.
Well as far as further details are concerned then you will have to contact us on our nos. or mail.
I am pretty sure that you will custody of the child.
Thanks and Regards
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