Legal Question in Family Law in India

custody

Iam getting divorced by mutual consent. However my wife is not agreable at any cost for my 4 1/2 yr old son to stay with me. Hence I have decided to go to courts, so can you please tell me,

1. as my son is turing 5 yrs in Nov- 09, can I claim for custody?

2. What is the minmum ae DAD can claim custody of the child 5 yrs or 7 yrs?

3. What are my chances for custody and visitation to to her as both of us live separatley abroad and my on living with her parents?


Asked on 6/15/09, 12:25 am

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: custody

1)chances of your getting custody of 5yrs child is almost impossible.

2)Generally 9/10yrs

3)yes you can get visitation rights.

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Answered on 6/15/09, 1:18 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: custody

(1) You are entitled to claim custody of the child.

(2) The custody issues are decided by the court depending upon several factors.

(3) The courts usually do not disturb the existing arrangements unless sufficient reasons are shown to change custody.

(4 If a child has lived with the mother for sufficiently long time, the court may not disentitle the mother from custody unless the father is able to establish and prove that the mother is 'unfit' for child's custody.

(5) The father may be granted visitation rights including taking the child with him for week-ends.

(6) The custody orders are by nature temporary and may be varied from time to time depending upon situations as also the age of the child.

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Answered on 6/15/09, 3:58 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: custody

(1) You can file a case to claim custody and of visiting rights to meet of the child.

(2) The custody case may be tried or decided by the court depending upon several factors.

(3) The courts usually do not disturb the existing arrangements unless sufficient reasons are shown to change custody such are better living conditions, education and welfare of child , economic conditions of both mother and father and most important wish of the child. the court can seek the wish of the child with whom he wana to stay.

(4 If a child has lived with the mother for sufficiently long time, the court may not disentitle the mother from custody unless the father is able to establish and prove that the mother is 'unfit' for child's custody.

(5) The father may be granted visitation rights including taking the child with him for week-ends.

(6) The custody orders are by nature temporary and may be varied from time to time depending upon situations as also the age of the child.

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Answered on 6/15/09, 11:17 am


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