Legal Question in Family Law in India
custody ofchild
I m having the custody of my three months old baby boy. I have filed the divorce against my husband for dowry, harrassment, & cruelity. I m not working right now. Can my husband claim the custody of my child after 5 years if i m not working?
2 Answers from Attorneys
Re: custody ofchild
In this case your husband can claim the maintenance of the child. The Court can consider the application if is for good for the child.
Re: custody ofchild
The custody of child may be claimed by a father if he could establish that the mother has become disqualified to be the legal custodian of the child.
Lack of income is NOT one of the disqualifications; on the other hand that is a very strong factor for mother's custody.
The courts usually continue custody with the parent and would disturb the existing arrangements only if there is an adverse change in situation; e.g. the woman remarries and her husband may not like the child; or the woman gets a very tiring job unable to care the child, etc. etc.
Advice : merely because you may not be working five years hence, that may not be a valid ground for change of custody of your child from you to your husband.
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