Legal Question in Family Law in India
My wife and myself married for 14 years and now she moved out of the house along with my 14 years and 11 years old sons due to some misunderstanding between us. She filed for maintainence at the court. She is a housewife and currently living with her parents. What are my chance for getting custody of my sons.
5 Answers from Attorneys
the court will decide the custody of children considering the welfare of them in mind. it has to be gathered from the facts and circumstances of the case as to who will get the custody. moreover, the children are of age where they can show their willingness to stay with a particular parent. it is advisable to file a petition for custody and also move an application for visitation rights.
Typically for grown up children ( as opposed to children below 3 years of age) the employed parent's request is favorably considerd. However the Court grants custody on a case to case basis only after examining all factors.
The Court has to decide about the welfare of the child on this basis the court would decide about the custody.
As your children are of 14 and 11 years you have a chance of getting custody.
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