Legal Question in Family Law in India
Custody of 1 year old daughter to father
I and my wife have been separed for 6 months now and are living in different states. My one year old daughter is with her although I do visit her every alternate weekend. My wife is a doctor and has to work 6 days a week 9 to 5. Is on call 2 nights a week and is on call every 3rd Sunday. Our maid who used to work with us when we were together in my city, agreed to move with my wife to her new city and has been taking care of the child during her mother's hospital hours. The baby no longer nurses on mother's milk and her mother allows me to take the baby to my city once in two months for a week or so. There is no other child care support that she has. My work hours are 5 days a week 8 to 6. My mother also has agreed to live with me, if I have the baby with me. The maid also wants to come back to our city. So the baby will have full time family care if she lives with me. Financially both I and my wife are OK. Our characters are also nothing unclean. The only reason my wife wanted separation was temperament differences and her insecurities due to the fact that she comes from a broken family and was too needy emotionally, which I could not provide. Do I have chance of getting the child custody in such a case if I apply?
11 Answers from Attorneys
Re: Custody of 1 year old daughter to father
it is difficult as the child is too small unless you are able to show that it is not in the interest of child to live with the mother
Re: Custody of 1 year old daughter to father
Go to the concerned court for the order of child custody with all this facts and the paramount consideration of the court will be the welfare of the child.
It is advisable to contact the attorney/lawyer
Re: Custody of 1 year old daughter to father
good morning
well you cannot get the custody of the child as till the age of 5 yrs the child is in safe custody with mother
Re: Custody of 1 year old daughter to father
Even though the above facts are true are you able to prove these before the Honourable court.
Else mother have full right to over the chaild upto certain period.
You canot get the custory of the child by making mere allegation.
Re: Custody of 1 year old daughter to father
if ur wife agrees then you may get the coustody
if u can prove that ur wife is too busy to take care of the child then too u can take custody
otherwise it is difficult
Re: Custody of 1 year old daughter to father
After reading the facts which u have narrated here . They all make a good case/grounds for u to seek the remedy of child custody.
Re: Custody of 1 year old daughter to father
you have a fair chance!
but just think about your wife she might loose the only life support she has! it would be worst to live a bare life? give her another chance your good relationship with the child may make her change her decision one day.
you can increase the custody limits slowly and get to know her more and the child. if there is a will there is a way!
best of luck!
Re: Custody of 1 year old daughter to father
you should bear with the present arrangement and try your luck after the child is more than 5 years old. Since separation has not matured into divorce, in the given situation re-union is the best option for both of you even if it requires some adjustments and compromises.
Re: Custody of 1 year old daughter to father
i see no chances of your getting custody of 1 year old from mother. However, if u can make ou a case that in the circumstances welfare of minor is not possible with her mother, you may get custody.
Re: Custody of 1 year old daughter to father
YOU DID NOT MENTION WHICH PLACE IN INDIA YOU BELONG TO. YOU MAY CERTAINLY FILE FOR THE CUSTODY OF THE GIRL CHILD ON THE GROUNDS THAT THE MOTHER OF THE CHILD HAS NO TIME FOR THE DAUGHTER AND IT IS FOR THE WELFARE OF THE CHILD, THE CUSTODY BE GRANTED TO YOU. YOU STAND A FAIR CHANCE OF GETTING THE CUSTODY IN CASE YOU ARE ABLE TO PROVE YOUR POINT. YOU MAY EVEN CALL UPON ME at 9811284735 delhi
Re: Custody of 1 year old daughter to father
No. uptill the age of 5years your wife is the natural guardian who can provide best care to child.
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