Legal Question in Family Law in India
how to get the custody of my son though i am staying away from my wife for the past 3 months.she is not interested in continuing the relationship.she is employed and wants to support her parents and her ssister's family with her income.please advice.
3 Answers from Attorneys
you may file a petition for custody and interim relay of mating rights of your child.
You should first try to settle the matter amicably; in the event of failure, you may file an applicatin before Guardianship Court claiming custody.
in my opinion, for first five years of age the child remains in the custody of mother and you have a right of visitation. Thereafter you may apply for the custody as well as visitation and will have to show that the welfare of the child would be better in your hands as compared to the mother.
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