Legal Question in Family Law in India

I'm the father of 2 year girl child.

The cases which are going with my wife. Divorce case , Domestic Violence and u/s 498 -A

I want to get the custody of my child.

what major demerits should i have to get the custody.

Is age and sex of child affects the decision.

If yes ,

Should i file the case when she attains the age of 5 yrs

but still question is same what are the factors which affects the decision


Asked on 6/19/11, 4:30 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

At this stage, in my opinion, you should seek visitation of the girl child instead of her custody. Visitation you seek could be weekly, monthly, over the weekends, over holidays, over special days, over child's birth day. this will show your concern for the child. When the Child attains 5+, you may file for custody. You have to substantiate that better welfare of the girl child will be in your custody. The determining question is the welfare of the child. Welfare does not mean that the spouse should have more money. Welfare is the overall growth of the child.

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Answered on 6/19/11, 10:54 am


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