I want to take child custody with mutual divorce. Can I proceed with the case or it should be done after the mutual divorce judgement.
2 years ago
Respected Sir/Ma'am, I want to take child custody with mutual divorce. Can I proceed with the case or it should be done after the mutual divorce judgement. What are the procedures for the child custody. Please explain in brief.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.Mutual Divorce petition is most important document.
Every care should be taken in drafting it to avoid issues later.
You can not get mutual divorce without deciding on child custody.
child custody as per mutual divorce agreement becomes final and can not be changed/challenged later.
Every care should be taken in drafting it to avoid issues later.
You can not get mutual divorce without deciding on child custody.
child custody as per mutual divorce agreement becomes final and can not be changed/challenged later.
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A.Hi,
The non-negotiable principle on which custody is decided is the 'best interest and welfare of the child'. Who will best serve the child's emotional, educational, social, and medical needs is the only criteria. You can file a custody case in the court or if it is a mutual consent divorce if your wife agrees you will get the custody.
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The non-negotiable principle on which custody is decided is the 'best interest and welfare of the child'. Who will best serve the child's emotional, educational, social, and medical needs is the only criteria. You can file a custody case in the court or if it is a mutual consent divorce if your wife agrees you will get the custody.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You can get custody of the child after the divorce if your wife does not has any objection. Custody can be divided up into two parts, legal custody, and physical custody. Legal custody means that the parent has the ability to make the major decisions about the child's health, education, safety, and welfare. Physical custody refers to which parent the child lives with. You can file a case for the custody of the child otherwise.
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You can get custody of the child after the divorce if your wife does not has any objection. Custody can be divided up into two parts, legal custody, and physical custody. Legal custody means that the parent has the ability to make the major decisions about the child's health, education, safety, and welfare. Physical custody refers to which parent the child lives with. You can file a case for the custody of the child otherwise.
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A.Hello Client,
if you are filing for Mutual Divorce then you may mention the custody of your child in the same Petition if your spouse has agreed to, if not you may proceed and file a custody case separately.
As per the Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child. A father can also get custody of his child only if the child is not a minor and if there are lawful grounds that indicates that the mother is not capable of taking care of the child.
there are several kinds of custody, you may go for joint physical and legal custody of your child if you both are willing to.
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if you are filing for Mutual Divorce then you may mention the custody of your child in the same Petition if your spouse has agreed to, if not you may proceed and file a custody case separately.
As per the Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child. A father can also get custody of his child only if the child is not a minor and if there are lawful grounds that indicates that the mother is not capable of taking care of the child.
there are several kinds of custody, you may go for joint physical and legal custody of your child if you both are willing to.
Thank You
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Lucem Leg
Responded 2 years ago
A.Dear Sir/Mam,
If you are going with the mutual consent divorce then you have the option of writing it their only regarding the custody of the child if your spouse is ready to give it other wise you will have to file custody case in the court.
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A.Dear client,
As you have not mentioned that you are the mother or the father of the child. I am answering for both the things.
Generally, the custody of a minor goes to the mother.
In case of a mutual divorce, you have to mention the custody details in the petition itself. As it is a mutual one such custody is to be agreed by both the parties.
The other party will have visitation right with the child , again by the mutual consent of the parties and the grant from the learned court.
Thank you
As you have not mentioned that you are the mother or the father of the child. I am answering for both the things.
Generally, the custody of a minor goes to the mother.
In case of a mutual divorce, you have to mention the custody details in the petition itself. As it is a mutual one such custody is to be agreed by both the parties.
The other party will have visitation right with the child , again by the mutual consent of the parties and the grant from the learned court.
Thank you
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