Legal Question in Family Law in India
i took a divorce in 12th may 2009 with an agreement that my 2 years child will stay with me i.e with his mother me and his father will give rs 3000 per month to us. after i remarry the my son lookafter by his nana i.e my father then also rs 3000 will continued by my ex-husband to out son it is all in written agreement in court in front of lawyers this is out of court settlement .but now i want to aks that if there is possibility if i remarry then my son"s father can case against me for child custody or he stopped monthly exp he give to my son if possibilities are ther so what legal advise for me .
4 Answers from Attorneys
You may continue with the custody and may also continue getting maintenance. however, the order may be changed on an application made by him; the court may pass appropriate orders after evaluating the change in situations.
Yes he can, coz as per law natural guardians can demand their right at any time and if you remarry then you are not liable for any maintenance.
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With Regards
a father is a natural guardian and would remain his lifetime. once you remarry, the chances of father getting the custody become stronger especially when the child is being deprived of both, his mother and father. in such a situation, when father wants the custody from nana, he will succeed as the court would certainly adjudge him the better person for custody. such an agreement would not stand for long as it contravenes the law.
he can claim custody of child if child is kept with his Nana. After remarriage it is natural that he may stop your maintenance.
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