Legal Question in Family Law in India

child custody

i am serated and my 10 year old child is with her.she is earning 5000 rs. and i am giving her maintaince of rs.5000.i am earning and have better academic qualification my wife is only 12th passed how can i get my childs custody.what is the minimum age of the child to be with his father.


Asked on 9/17/08, 1:38 am

6 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: child custody

u stand a good chance to get ur child's custody as you can give a better future to your child. and in custody matters, the welfare of the child needs to be seen first. however, u may send in further details or call upon me at 9811284735, delhi

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Answered on 9/18/08, 3:07 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: child custody

The minimum age you can get possesion of your child is after 8 years of age.

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Answered on 9/17/08, 1:54 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: child custody

After 8 years Father can have child custody. Can apply for custody with the court

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Answered on 9/17/08, 2:13 am
Sanjay Shah Shah & Shah

Re: child custody

till 5 year mother must have custody of the child but it depends upon the gender of the child.

usually gurdianship courts are giving custody in favour of that person who can take care of child and also in the interest of welfare of the child.

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Answered on 9/17/08, 5:33 am
Sanjay Shah Shah & Shah

Re: child custody

till 5 year mother must have custody of the child but it depends upon the gender of the child.

usually gurdianship courts are giving custody in favour of that person who can take care of child and also in the interest of welfare of the child.

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Answered on 9/17/08, 5:33 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: child custody

the custody will not depend upon age alone. there are several other factors. Nor mere financial standing is important.

The court will take into consideration the over all "welfare" of the child. The court may also consider child's wishes if the court finds that the child is capable of making clear decisions.

If you do not get custody, you may pray for visitation rights which you are most likely to get. If the child was with the mother for all these years and is happy there, it may not be in the best interest of the child to disturb the existing arrangements.

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Answered on 9/17/08, 8:16 am


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