Legal Question in Family Law in India
i am a divorced woman and have a 5 year old male child. i have the custody of the child. my ex-husband filed petitions for custody but they were dropped because he never appeared before court.but now that my child is 5, is there any chance that i will lose custody? i have heard that after 5 years of age, custody of male child goes to the father. moreover, as i mentioned in an earlier question, i have recently obtained a job outside India. and i have to go next month. and it will be at least 6 months before i can take my kid along with me. is there any chance of me losing custody if i stay separated from my kid for 6 months? my ex has seen my child only once after 2006 and he is not really interested in him.but he is bent on all types of harassment techniques. the worst thing is that he himself is a lawyer.i have not taken maintenance from him either for me or my child. and we are staying with my parents.my parents say that they will happily look after my son for me.but if there is the slightest chance of my losing him, then i don't want to go.please do advice.
1 Answer from Attorneys
There is no chance he may get custody order amended without an opportunity of hearing to you. There is nothing to fear or worry about; the child's statement will also be important as also his upbringing by you and your parents. You should continue pursuing your job and empower yourself in best possible manner. that may also help in your custody case in future.
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