Child custody
3 years ago
My daughter aged 11 years want to stay with her grandmother on her own wish, without our permission,do law allow her to take own decisions?
A.Hi,
If your spouse and you are in the middle of separation proceedings, then the Guardians and Wards Act provides that children above 9 years must be heard when it comes to their preference of where to stay. However, if you are not separating, then the child is under your guardianship till she is 18 years old, and you may take a decision of your choice which you believe is in her best interests.
If your spouse and you are in the middle of separation proceedings, then the Guardians and Wards Act provides that children above 9 years must be heard when it comes to their preference of where to stay. However, if you are not separating, then the child is under your guardianship till she is 18 years old, and you may take a decision of your choice which you believe is in her best interests.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
If your spouse and you are in the middle of separation proceedings, then the Guardians and Wards Act provides that children above 9 years must be heard when it comes to their preference of where to stay. However, if you are not separating, then the child is under your guardianship till she is 18 years old, and you may take a decision of your choice which you believe is in her best interests.
If your spouse and you are in the middle of separation proceedings, then the Guardians and Wards Act provides that children above 9 years must be heard when it comes to their preference of where to stay. However, if you are not separating, then the child is under your guardianship till she is 18 years old, and you may take a decision of your choice which you believe is in her best interests.
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.she can take her own decisions only after 18.
if she is now like this then what she will do then.
parents only have the child custody and not grandparents.
grandparents can file child custody case.
then she will be given choice of custody.
to stay with grandparents, there have to be a valid reason to disallow parents custody.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
if she is now like this then what she will do then.
parents only have the child custody and not grandparents.
grandparents can file child custody case.
then she will be given choice of custody.
to stay with grandparents, there have to be a valid reason to disallow parents custody.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
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Srinivasa Prasad
Responded 3 years ago
A.Yes, based on the Latest Supreme Court's Judgment, a child is given a choice to decide his / her choice of stay.
However, the same will be finalized after having thorough counselling of the child.
However, the same will be finalized after having thorough counselling of the child.
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A.No law does not allow child custody to grand parents , when the parents are hale and healthy.
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