Getting child custody on the ground of adultery
1 year ago
My wife left me 6 months ago and staying at her parental home with my 2yrs old daughter. I tried to convince her and resolve differences. But she is determined not to come back and her parents also support it. Also she will not give me divorce easily. She is forcing me to leave home town/my parental home and settle elsewhere in other state. Staying away from daughter is difficult for me. In the mean time I came to know that she is involved in Adultery over phone and may be physically involved with someone. Can that be a solid ground for seeking my child's custody? If yes, what are the proofs need to be shown to court? What kind of cases do I need to file? Please advice.
Adultery can be a ground for seeking custody of a child, but more evidence may be needed. Phone records, emails, text messages, or other forms of communication suggesting an affair can be used as evidence. Filing for divorce on the grounds of adultery may also strengthen a custody case. Ultimately, the court considers the child's best interests when making a custody determination.Please seek an expert legal advice over this matter.
Anonymous
Replied 1 year ago
Thanks for your answer. But Only mails, sms will be enough to justify adultery OR we will need intimacy photography to justify it? And how it will assist me in getting child Custody?
2. Also if I take my child home without any consent from wife, like the way she did, will I be charged against Kidnapping? Asking as because I am my child's natural guardian. how that can be considered as Kidnapping?
But If yes what precautions to be taken to avoid legal challenges coming from my opponent?
3. Will be I charged with Posco act in this case?
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