CUSTODY OF CHILD
2 years ago
My wife is staying with my daughter who is 3yrs8months old. she is not allowing to stay with her, for some extra marital affair, which is affecting my daughter. I want to bring my daughter to me. My wife might not give consent for that. Being the fathr, can i bring my daughter and keep with me. Post that, if she files any case, i can carry on ith the legal issues. Her filing complaint.. will it have the possibilty to get me arrested or ill it be a civil suit? Being the father, i can also keep the child until the custody issue is being settled at the court, rite? How much time can the custody case be stretched in the court? Pls Advice. Its taking a mental toll on my daughter nd myslef.
Ankita Jaiswal
Responded 2 years ago
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You can file child custody case in family court and get the child permanently on the ground of adultery by wife.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Usually the mother's get the custody of the children who are below the age of 5. If you are filing for a divorce, then you need to show how a joint custody is in the welfare of your child. The police won't arrest you if your wife complaints but will rather conduct counselling.
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You and your wife will have joint custody unless you file for a suit of divorce which is when the court will decide who shall get the custody. Usually, mothers will get custody in cases of children below 5 years. The cases can go on as per the complexity of the dispute.
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
But she will get custody o daughter being less than 5 yrs.
You have to get some good lawyer and also to get good evidence to prove your allegations and then only you will get divorce and custody .
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