Divorce & child custody

5 years ago

Hello,
I have a friend who is mother of a 6 months old baby.She & her husband have very different thought process and they don't get along well. The husband is too inclined towards outsiders & has humiliated his wife for them.Anyone can easily manipulate him.
His wife is an introvert, dignified,emotional homemaker as well as a focused career person.Inspite of all the attempts to make things work both end up into ugly fights.These fights are creating bad memories leading to negativity in both.This might badly affect the child & them individually.Hence ,it is wise to separate.However,he is politically well connected & is reluctant to let go the child.They havent yet applied for divorce...

?? What are the chances that he can get the child ?

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ARPIT BATRA

Responded 5 years ago

A.Not till the baby is 5 years old.

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Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Ms. Shefali,
When the question of separation comes in the mother has the upper hand and the law is in favour of the mother till the child is 7 years.However, the father will have a visiting right in the presence of mother and no of times will be decided by the Court.
Shanti Ranjan Behera
Advocate

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ROBERT D ROZARIO

Responded 5 years ago

A.No there's no chance for him to get the custody till the baby attains the age of 5 years. The mother retains the custody of the child till 5 years of age. However, he will get the visit right to once in a weekend to meet the baby in the presence of the mother.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client there is no chance until that child become major. no one can avoid or breaks provision of law.mother should be guardian and eligible to take care of that child until proper age.The mother usually gets custody of the minor child, under the age of five. Fathers get custody of older boys and mothers of older girls, but it is not a strict rule and is primarily decided based on the child’s interests. The choice of a child above the age of nine is considered. A mother who is proven to neglect or ill-treat the child is not given custody.

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir/Madam,
Take it has granted that till the child attains the age of 5 years the custody will be with the mother.

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Rajender Prasad

Responded 5 years ago

A.the facts given by you are not clear, However For details, pl. contact some advocate through vidhikarya.com

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Rameshwar Dadhe

Responded 5 years ago

A.If child below 6 year then children coustody goes to the mother

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Abhimanyu Shandilya

Responded 5 years ago

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A.Till the child turns 5 years old the natural custody lies with the mother unless the mother is incapable to take care. So your friend can go ahead and have the custody with herself.

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