Marriage issues
3 years ago
Hi,
Even after 7 years of marriage and a 4 yrs old son, I feel that my wife and I have a lot of issues living together. We come from good families and have not involved them in all this yet. We fight a lot and I feel she is not happy with me and same with me. She thinks about money related things always, and I am totally opposite. Want to know, if I think about taking divorce:
1) will I somehow get the custody of my son?
2) or there is no way I can get the custody of my son?
Separation without getting my son is not an option for me. I can’t live without my son. Need suggestions here.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
after 1 year you can get custody by 1 trick and thats only option.
else go for mutual if she agree to give child custody.
we seen many money hungry women who were happy to give the child for money or freedom.
Welfare of the child is the main concern for the court to hand over the child to you permanently. You will win the case.
In cases wherein the child is below the age of 5 years, the mother is considered as the natural guardian of the child, and custody is granted to her. But there can be exceptions to this rule if you can establish you case on merits and gain the custody of the child. Wait till your child is above 5 years, and then approach for divorce, that will increase the chances of getting the custody of the child.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You can file for mutual divorce. For child aged below 5 years, mother is consider as the natural guardian, so custody is more often than not is granted to the mother, but there are exception to this rule. So if you can substantiate your case, the court may grant you the custody.
Pooja Ashar
Responded 3 years ago
Responded 3 years ago
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