Legal Question in Family Law in India

If your marriage is per hindu rites, then for the first five years after birth the child has to remain with mother. After that father may apply for custody of the child. However the consideration behind the custody is not the wealth of either spouse but the welfare of the child is the paramount consideration. I have no idea whether you have evidence of his schizophrenic nature.

If you are in India, your husband may not seek custody of the child at least till the age of 5 years; and thereafter, the courts mostly lean in favour of maintaining status quo unless the mother is found to be disqualified for custody.

no. he can ask custody only after your child attains 5 years however generally the court doesnot give custody to father unless the child is 8 or 10 years.

seeking custody is different and getting the same is different. in your case, if the child is also a Canadian citizen, your husband may get the custody but in case the child is an Indian citizen, there is no way your husband would ever get the custody of the child.