Child Custody Child Custody

2 years ago

If mother is illetrate and father is mentally challenged, both are not leaving together now, in this case any person from father's family can get child Custody?

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.mother will get child custody
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Hi,
Custody of a child beyond the age of five is usually assigned to his or her parents. However, because your father is mentally ill, the mother will be given preference for custody of the kid if she is fit to parent the child and can claim maintenance from the child's father's family. Literacy is not a criterion used by the court to determine if a woman is fit to parent a child.

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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Mother can get custody if she is financially well.
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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

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A.No, even the illiterate mother will get the child custody. Illiteracy is not a condition to bar the child's custody to a mother or father.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hey,
Generally custody of child who is above 5 is given to his or her father. But as mentioned by you father is mentally challenged then mother is given priority for custody of the child if she is fit to raise the child and she claim maintenance from Kid's father's family and literacy might not be criteria for the court to judge if mother is fit to raise a child.

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Vidhi Samaadhaan Vidhi Samaadhaan

Vaidehi Samant

Responded 2 years ago

A.If mother is not literate than how does that deter her right to seek custody of her own child, hence mother will get the custody and only in the case she doesn't want the custody than some one else from her husband's family might be able to get the custody of the child.

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