Legal Question in Family Law in India
Child of Divorcee
I was divorced in 2004 with no claims or costs. I decided to get married again in 2008 and married a divorcee who has a 5 yr old child. Will I become the legal father of child by virtue of marriage to its mother. YES, how do i go about it. The child is in the custody of the mother and the father has visitation rights. Can i appeal against the visitation rights, as it may hamper my married life, due to unwanted interferences. Please advise me.
2 Answers from Attorneys
Re: Child of Divorcee
(1) No, you do not become father of the child merely by marrying the mother.
(2) You have no right of appeal against visitation rights. However, the mother may challege the order if she may establish that the visits are causing any harm to the child.
However, in the process there is a danger of her being deprived of the child's custody on the ground of her remarriage.
(3) You may adopt the child with the consent of his father. After adoption, the visitation rights will come to an end.
It may be better for you and for well-being of the child that you tolerate the father and adjust to the visitation rights.
Re: Child of Divorcee
No unless the father of child permits adoption you cannot be a legal father.
You can't appeal but your wife can.
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