Legal Question in Family Law in India
i was married in 2009 and took a divorce in 2010 from my husband due to his schizophrenic behaviour we have a girl child from our past marriage i would like to ask u if the father claims for child custody can he get it at later stages/also, will the court ask the child as to whom does she want to stay with?plz reply asap.
3 Answers from Attorneys
your question is not clear, pls make it clear "we have a girl child from our past marriage i would like to ask u if the father claims" who we? were you married b4 2009 with els one?
you may call me on my cell
I am clear on your question. Your ex husband, that is, father of the girl child, has a right to claim the custody with the change in circumstances. Father will have to explain the change in circumstances. Father will have to establish before the court that father can do better welfare than you can. Court will certainly check with the daughter with whom does she want to stay. Please note for the purpose of custody the court has to see as to who can take better welfare of the child. Money is not the barometer to measure the welfare. It is not easy for the father to get the custody from mother especially of a girl child. for any further question, please give reference of earlier question and answer.
what is the age of the girl child. the father can claim the custody of the child and it is upto the court to see the welfare of the child. in case a grown up child wants to live with a particular spouse, the court may grant custody in his/her favour.