Legal Question in Family Law in India
Sir it was agreed that the daughter stays with mother at time of mutual divorce because i was told so by my spouses lawyer as she is a girl child there I have no rights ,But after signing the mutual agreement I learnt that this is not exactly true is there any provision my child reaches 05 years of age I can reclaim my Kid and as you know all the laws in india are always pro women do I stand a chance against it.
2 Answers from Attorneys
you will have to make a strong custody case in your favour and against your ex. there is no law that you cannot claim the custody of your child. you are a natural guardian and always remain one.
1. The custody orders are, by very nature, variable and an application for change of order is maintainable with the change in situation.
2. Even if you have agreed for custody of the child with mother, you may seek visitation rights and may continue meeting with the child regularly
3. It is in the interest of the child that the child gets love and affection of both parents. You should be careful that the child's mind is not biased or prejudiced by any one parent against another.
4. You should carefully note down things which are necessary for the "welfare" of the child and make efforts to provide them. If at any stage you find that mother is not competent to properly look after 'welfare' of the child, you may approach the court for change of custody.
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