Legal Question in Family Law in India

Custody of Child to Father.

We seperated in 2003 and got legally divorced in June 2005. Till 2005 the child was in my custody but later was handed over to the mother as he was minor. Currently my son is 6.5 yrs old and in the custody of the mother at Nashik, but the mother recently married last month and stays seperate from the child. The child stays with mother's parents now. I get only 60% of vacation access and would like to take custody since the mother doesnt stay or take care of him. The child too wants to stay with me. I would like to know all the procedures and conditions to take custody of the child. Thanks.


Asked on 5/28/07, 12:05 pm

7 Answers from Attorneys

rajeshwar sharma rajeshwarnathsharma

Re: Custody of Child to Father.

As your ex-wife remarried therefore you being the natural guardian of your kids may file cusdoty of the child in the concerned court.

court while granting cusdoty of the child will consider the the welfare of the child. For further query contect me

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Answered on 5/28/07, 9:56 pm
Nandita Haldipur Haldipur Associates

Re: Custody of Child to Father.

you can file for custody of the child as per the changed circumstances and bring these facts before teh court and seek custody of teh child.

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Answered on 6/07/07, 4:43 am
Prabhat Shroff Shroff & Company

Re: Custody of Child to Father.

You should file an application for custody of the child, in the changed circumstances, in the same court which granted custody earlier to your ex wife.

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Answered on 5/29/07, 1:15 am
G. M. Gupta gmguptaandassociates

Re: Custody of Child to Father.

immediately file the case for custody of the child in the family courts of your area.

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Answered on 5/29/07, 2:57 pm
Robert Roemer Robert Roemer

Re: Custody of Child to Father.

It would be necessary to file a petition requesting the final judgment awarding your former wife custody of your child. If I could describe the process it would be like writing a short paper. If you're interested in talking to me about how this can be handled send me an e-mail with your phone number and a good time to call you.

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Answered on 5/28/07, 12:20 pm

Re: Custody of Child to Father.

You apply to court and seek custody of child.you are natural father/guardian of the child.

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Answered on 5/28/07, 12:46 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Custody of Child to Father.

You are entitled to custody of your child; you will need to approach the same very court which had earlier granted you 60% vacation access for amendment of the earlier order in view of the changed situation.

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Answered on 6/06/07, 11:43 pm


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