Legal Question in Family Law in India
Dear sir,
We had adopted a child girl ( current age : 1.5 yr. )
if wife file a case in court under protection of women against domestic violation act, in such case
who will keep the child.
what husband should prove in court to safe custody of his child with himself.
3 Answers from Attorneys
the husband needs to prove that the wife is incapable of taking care of the child and the father can take better care of the child in all aspects.
once a child has been adopted the child is as good as a biological child. Being the age of 1.5 years, it is mother alone, till child attain 5 yrs of age, will be entitled to the custody. You may seek visitation right till then. thereafter, you may apply for custody and the court will look into the fact as to who can take better welfare of the child.
IN PRESENT CONDITION UR WIFE IS ENTITELED FOR CUSTODY TILL THE AGE 5YRS OF CHILD THEREAFTER U CAN CLAIM CUSTODY ON CONTESTING BETTER SIDE
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