Full Child Custody For Father If Mother Is Mentally Unfit Full Child Custody For Father If Mother Is Mentally Unfit

3 years ago

I want to take Mutual Divorce, married for 9 years and I have some queries.
1. How to start the process. Do we need different lawyers?
2. Custody laws - I have one son - 8 years old. I want his full custody since the mother is mentally unfit and can do anything out of anger.
3. Verbal, mental and physical abuse - I am going through this everyday. It starts at the smallest trigger and arguments continue for hours. She has dual personality because of which I face extreme physical abuse. I have proofs also.
4. Son's mental health is getting affected hearing the quarrels and arguments whole day. He is neglected and sometimes not even given food on time.
5. How to start the online process for the petition. What documents are required?

So I want my son's full custody with only visitation rights for her. Please advise urgently as daily living with her is unsafe for me and my son.

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Firstly, a joint petition for dissolution of marriage for a decree of divorce is to be presented to the family court by both the spouses on the ground stating that they have not been able to live together and have mutually agreed to dissolve the marriage. Both the parties will have to appear before the family court after the filing of the petition. However, there are few requisites for filing divorce online; Matters related to the separation of child custody, property, alimony and assets must be sorted beforehand, and a form also needs to be filled.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

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A.Hi,
Yes, you can file for an online mutual divorce petition, for that, Both parties must have reached upon an agreement about mutually parting ways. Present a legal notice to your spouse either by registered mail or in-person. Both parties need to be present while carrying out this procedure. This ensures that the divorcee filed is consented and mutual and both parties have no objection in getting it done. Once the form has been filled out, the experts of the firm will approve of it, thereby finalizing it for filing. This is process ensures that both parties are getting mutually separated and evaluates the grounds on which it was filed before it is filed before the court of law. A print out of the same needs to be obtained, which is then ready to be filed at a local court for a divorce.
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Rajinder Pal Singh

Responded 3 years ago

A.you can file a case of divorce if you want. You can also file case under guardianship act seeking permanent custody of your child citing these reasons. Other spouse may get visitation. Write your story for a lawyer for good legal drafting. Welfare of child is the law at the end of the day.
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