Solo Guardianship of Female Child
3 years ago
As a Mother, I want Solo Guardianship of my daughter. Her Father states that in the divorce papers, he will have it written that I have complete independence to take decisions regarding our daughter without requiring his approval; but he wants Shared Guardianship. Will such terms be accepted by other legal authorities, schools, universities, Passport office? In case I wish to re-locate to another country, will such terms be accepted? He also plans to pay partial child maintenance (50-50), despite my not having a job for the last almost 5 years of our marriage. He will also not give any alimony. We both want him to have regular and consistent visitation access and communication with our daughter. As a last point of negotiation, I am willing to forego his 50% share of child maintenance and raise our daughter on my own, financially. I have not yet said this to him, though.
A parent with “sole custody” of a child can get exclusive physical and legal custody rights concerning the child. These custody arrangements deemed rare, and usually limited to situations. Situations in which one parent has deemed unfit or incapable of having any form of responsibility over a child.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Legal custody of a child basically means that the parent granted the legal custody takes every decision for the child. From where will the child study and what doctor will the child be treated by is part of legal custody. In most instances, courts grant legal custody to both the parents together but if the divorce is messy and the parents are, apparently, never going to agree with each other, the court grants the legal custody of the child to one parent.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
Mutual petition have to be properly drafted and many times people try to do it themselves or take inexperienced lawyer. Child Custody and Property are 2 points which remain issue in many mutual divorces.
In mutual divorce, it is upto you 2 only what you want to decide else go for contested divorce along with child custody case.
Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield)
Note - This is just a small advice and final advice can be given only after going through your case in detail .
Travel abroad
Child custody/ separaration
Alcoholic and abusive husband allowed to see kids
Alcoholic father allowed to see children through video calls
Mutual DV and child custody
