Child's Custody
3 years ago
Due to family issues my wife does not wants to stay with me. We have a 5 years old daughter. Since last 2 months my wife is staying at her fathers apartment with our daughter. She has very clearly expressed her intention, not to stay with me any more. Separation or divorce is not a necessity for me, as far my daughter's welfare is concerned. What are the chances of the following things for me,
1) Full legal and physical custody of my daughter
2) Getting 50-50 custody
Mradul Bhatnagar
Responded 3 years ago
On part custody it is beneficial for you because you will meet with your daughter and that will help you to maintain your relationship in terms of care and affection. So that your child will not loose confidence in you.
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ADV. ANISH PALKAR (High Court)
Sanjay Kumar Jha
Responded 3 years ago
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Sidhaarth
Responded 3 years ago
Jagannath S Pawar
Responded 3 years ago
Advocate Niyas Fazal A
Responded 3 years ago
After attaining of 9 years of age the child can prefer
And moreover the welfare of child is important than claim.
JP Legal Associates
Responded 3 years ago
1. Courts tend to side with the mother when it comes to questions of custody. As such, it is difficult for the father to obtain sole custody, unless he has clear proof that the mother is unfit to raise the child by herself.
2. This can be settled over the course of the separation, there is a good chance you can get equal custody if you express genuine interest in your daughter's wellbeing.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
1. Very unlikely, Courts tend to favour the child's mother. It is very difficult for the father to obtain sole custody unless he can prove that the child's life and safety will be at risk under the mother's care.
2. If you and your wife have a good relationship and are equally attached to your daughter, then there is a good chance of you being given equal joint custody.
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