Legal Question in Family Law in India
We are seperated. I filed Divorce and child custody in the court. Now the child custody case is coming for hearing in June.
My wife is now with her mother. We have 4 years old girl baby. My wife has mental retardation. She cannot maintain the child on her own. Now child is under the custody of my mother in-law I understand that general rule is child has to be with mother custody up to 5 years. MY wife and her mother and baby are living in the same house. In that case can i get child custody.
Can i get the child interim custody. How long it will take court to decide interim custody.
3 Answers from Attorneys
you can file a petition for custody of the child and also seek interim custody by moving an application in the competent court of law. the time frame cannot be ascertained as it depends upon the court and the discretion of the judge.
There are many factors involved in a custody matter before the court decide against or in favour of any party. Are you in a position to take care of your child ,physically, mentally ,financially and spirtually ,then only think of filing for custody ? Is your mom alive ? What kind of work or Businness you are doing ? These are the few factors/questions for you to answer before i could answer your queries.
yes if you can prove the above facts.
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