Legal Question in Family Law in India
Respected Sir / Mam,
My question is about child custody, actully my husband has filed a divorce case on the ground of cruelity in jan, 09. I have got two kids from this marriage my elder daughter is 9yrs. and my son is 6yrs. old, and now my husband has filed a case for the custody of kids and says that I am not able to take care of my kids and spent my whole time in my job. But it is all fake, actully I am doing this job for my kids only which is 9:40AM to 5:30PM, and my residence is only 2.5KM from my office. Sir, I cannot live without my children, even my kids will never ready to live with him. My questions are:
1Q Can my husband get custody of kids? If yes than how much time it will take?
2Q. If the kids do'nt want to live with thier father than what will be the decision of court ? Is the child wish can be considered before taking decision?
2 Answers from Attorneys
you husband needs to prove that he is capable of giving better care to the children and further needs to prove that you are not able to take a reasonable care of the children. for your husband, its a difficult task to prove. its better if you send the copy of his custody petition for better opinion.
1. Your husband may not get custody of the children UNLESS it can be established by bringing sufficient evidence on record that you are DISQUALIFIED to be their guardian. However, the court may grant him visitation rights to meet with the children on week-ends for an hour or two.
2. The court will take into consideration the wishes of the children also. However, you should try to keep the children free from your influence and allow them to take their own decision.
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