Child Custody of Minor Child Custody of Minor

3 years ago

I'm married for 10 years and separated since a year and few months now. In that marriage, I was thrown out of the house by my in-laws and husband more than thrice. My husband would come and take me back and then throw me out of the house again on some or the other misunderstanding. Husband never wanted kids and had been postponing since the start of marriage. Our son was born after 9 years of marriage through an IUI. Natural birth was not possible as my husbands semen morphology was 98% damaged and I also had low AMH levels due to excessive stress all throughout matrimony. Husband agreed to have to kids only if I took care of all the finances of the treatment including child birth, also if something happens to me during this course, the responsibility should be of my parents. I agreed to these 2 conditions because i wanted kids. During my maternity leave, due to a misunderstanding , husband sent an email asking for mutual separation. I tried and waited for reconciliation, which he and his parents refused. Now around Oct 3rd, we had a online call face to face with respective families, where it was discussed, that physical custody of my 2 year son will be with me. They will provide financial assistance as when the situation arises for son. Also supervised visits as per everyone's convenience. A draft of mutual divorce petition was mailed to me, but nothing about finance and visits were mentioned. Only mutual divorce and that physical custody will be with me was mentioned. When I insisted on putting them on petition, husband suddenly changed his statements saying , custody and finance was never discussed. And now they want shared custody of the child as I'm asking for financial assistance for the child. Husband has a habit of verbally abusing , and there were times when I was physically hit as well in the marriage. All the 2 years , I've had no financial help from husband regarding the child and I've been looking after him. Every time he came for visits, we had arguments, keeps character assassinating me, creating a huge scene in front of everyone in and around colony. He keeps threatening every now and then that they will go to court and seek custody. Kindly advice. I'll be happy to have the sole physical custody of my 2 year old. I do not mind them having supervised visitations. I can look after my child financially but I'm also looking for financial assistance from husband because I do not want my son to be deprived of opportunities that he may miss in future due to our divorce. Husband is full of resentment and curses us every now and then. Talking to him has become very difficult because every time he would get into arguments, curses , insults and character assassination and discussions do not happen. Also he will keep changing his statements. He is not thinking the fact that the financial assistance is for the child and that I'm not asking a penny for myself. Kindly help and suggest.

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Both the parents including the father should also be responsible for maintenance of the minor child. It appears from the facts that you are had been subjected to harassment and cruelty from your in-law, which may also invoke a domestic violence case. You state that "you do not mind them having supervised visitations"thus it shows your attempt to mutual cooperation, however if he is continues being abusive then legal actions are needed to be taken against him.
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Anik

Responded 3 years ago

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A.Hi.
Both the parents are liable to maintain the minor child, thus, your husband should also take care and look after the minor child. From the facts, it also seems that you had been tortured by your in-laws and husband, thus a domestic violence case may also arise from it.
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