Legal Question in Family Law in India
sir,i got a boy child.........from day of his birth,he is with his mom.my wife and i got some clashes,so she is not coming to me.my baby is 6months old.at what age of my baby i can file petition for child custody and support???/is it true that baby must attain a age ,so that he can recognize everything that is around 5plus???
3 Answers from Attorneys
yes he must atleast be above 5 yrs
No, there is no minimum age required for claiming child's custody. Each case depends upon its own facts and situation; claim for custody can be made even for a newly born baby.
continued....
though till the age of five years the court may "prefer" mother to the father; however, that 'preference' can be set at naught if there are strong facts and circumstances to establish that mother is 'unfit' for custody of the child.
Related Questions & Answers
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Dear Sudarshan Goel saab, My name is Ranjith fro… Asked 10/24/11, 5:31 am in India Family Law, Divorce, Child Custody and Adoption
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