Legal Question in Family Law in India
I signed a Mutual divorce from my wife on her and her fathers compulsion , I have a girl child born out of the wedlock she is 3.5 years old family court has given 06months time for final divorce can I claim custody of my child or it goes to the mother .At what age of child I can get the custody of child is it legally possible ,what age can father get legal custoday or it always stays with mother .
2 Answers from Attorneys
You may claim custody of the child after she is five years old. Meanwhile, you may make application for visitation rights and continue meeting with the child regularly.
This question is a repeat question. If you can substantiate better welfare of your daughter at this age also, you may get the custody or else normally mother is entitled to custody for first five years of age of child, be it may son or daughter. At the cost of repetition, it is suggested that at this time you insist on visitation, once in a week, holidays, wkends etc and two years from now, file for custody emphasising you may do the better welfare and the draw the attention of the court to differences of welfare at your place. At that stage your current request of visitation will help you.
Only exception to above is your own consent at the time of mutual divorce that you would not claim the custody of the child under any circumstances. If you still have any question, please give full facts
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