Legal Question in Family Law in India

Re: Child Custody

It is not clear whether at the time of your mutual divorce, did you concede to custody of son with mother or if she claimed through court of law. In any event, any time with change in circumstances you may file for custody of your son. Another interesting fact could be to know the state in USA where you are residing as some states in US allow child of more than 14 to make an independent decision to choose the either parent for custody purpose

Re: Child Custody

whether the custody of the child has been given by court or agreed in your mutual consent petition. if so then you will have to show that there is change in the circumstances / or that it i snot in the childs interest to stay with the mother that has made it necessary for you to get the custody.

Re: Child Custody

Yes. But you have to prove that custody with mother is not safe and the same is causing harm to the development of the child. The willingness of child is also to be seen.

Re: Child Custody

The straight and short answer is YES. Of course, the final decision will depend upon various factors. (1) First of all, we need to examine the "decision making capacity" of the child; (2) Secondly, the Court will need to make an assessment about "best interests" of the child; (3) Thirdly, it need to be ensured as to how the child's mother can meet the child; e.g. if you plan to bring the child to USA, what will be the arrangements either for bringing back the child to India periodically or to permit your ex-wife to visit the child periodically;

please provide me financial, professional and educational background of your wife and also about school background of your child to enable me to make further assessment of the situation; It may be added that the court which had granated "legal custody" of the child to your ex-wife will need to be approached for "modification" of the Order; therefore, please attach a copy of the final order for my perusal. SUDERSHAN GOEL, ADVOCATE.

Re: Child Custody

Your son cannot take his own decision as he is still minor. You cannot take him to US as your wife is having the legal custody. you may file a petition to change the cusdoy of the child if your wife is not looking the welfare of the child and is acting against his interest.

You have not cleared whether your wife took the legal cusdoy from the court under Guardiaship Act or on you statement or consent in the petition seeking divorce by mutual consent and the court has passed order in this regard.

Re: Child Custody

COME TO INDIA AND FILE A CASE FOR LEGAL CUSTODY OF THE SON. IN THE GIVEN CONDITIONS IT SEEMS THAT YOU MAY GET THE CUSTODY.

i hope you both will think about the wish and welfare of the boy and not your own.