Child custody Child custody

1 year ago

Can i get my 4 year old daughter after applying mutual divorce towards my wife ?

Anik

Responded 1 year ago

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A.Dear Client
Yes you can get the custody of child, in mutual divorce case parties can decide the custody of the child. But that should be clearly provided in the consent terms so that growth of child and needs do not get impacted.
Hope it helps.
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Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
In the mutual divorce only settled the terms for permanent child custody. Normally, in circumstances are in your favour then child may be handed over to you if you file separate child custody case.
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ROHIT DALMIA

Responded 1 year ago

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A.Dear Client!

Yes, in mutual consent divorce case parties can decide the custody of the child. But that should be clearly mentioned in the consent terms.
Hope this resolves your query.
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Subhashis Paul

Responded 1 year ago

A.Depending on the terms and conditions agreed between you and your wife before applying for mutual divorce. If no terms and conditions related to your daughter has been discussed and agreed then you may file a suit for claiming the permanent custody of your daughter before the competent court of law.

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Advocate Simi Paul

Responded 1 year ago

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A.Hi client,
In general cases the custody of a minor child goes to the mother.
You can either mutually settle down custody of the child. After te mutual divorce is done i.e you are divorced, both of you can mention about the details of the maintenance and upbringing of the child in an MOU.
For custodial rights case can also be filed, but as you are having a mutual divorce, i would not suggest you to file a custodial case. For the welfare of the child, settle the matter within yourselves.
Thanks and Regards
Simi Paul
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Mrighankhi Chakraborty

Responded 1 year ago

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A.Hello Client,

In india physical custody rights are given to the mother of any child under 5 years old.
Even after 5 years of daughter law prefers mothers physical custody rights over fathers but above the age of 5 and below the age of 18 years father has the right to claim custody.

You may apply for joint custody, where you will also have equal rights over your daughter and joint custody is best for children too. Kindly contact an advocate for further assistance.

Thanks & Regards
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