Full custody of child
6 months ago
After mutual consent divorce, how to get full custody of child if husband is not real father of male child, can woman apply for full custody after MCD, even if joint custody is there in MCDA TERMS AND CONDITIONS
A.Dear Client,
In the matter of Custody of Child in Mutual Consent Divorce, both parents are equally competent to take custody of the children. It is the understanding and agreement between parties that prevail. Either parties can always seek ammendment of the child custody even after divorce by mutual consent. Custody of children below the age of 5 years is by default given to the mother unless the mother is proven to be unfit for raising the child. Children above the age of 9 years are given a chance of choosing their custodial parent and allowed the custody considering his/her best interest. Even in mutual consent divorce, mother can file a petition for full custody in a family court under the Guardians and Wards Act, of 1890 mentioning therein the details about the child, the other parent, and her own circumstances and qualifications as a parent. According to the Hindu Minority and Guardianship Act, 1956, the custody of all children below the age of five (5) years awarded to the mother and in case of a boy or unmarried girl above the age of five years shows a desire to live with his father, the father gets the custody. In most of the cases fathers gets the custody of the older boys and mother of the older girls as long as it's in the best interest of the children.
In the matter of Custody of Child in Mutual Consent Divorce, both parents are equally competent to take custody of the children. It is the understanding and agreement between parties that prevail. Either parties can always seek ammendment of the child custody even after divorce by mutual consent. Custody of children below the age of 5 years is by default given to the mother unless the mother is proven to be unfit for raising the child. Children above the age of 9 years are given a chance of choosing their custodial parent and allowed the custody considering his/her best interest. Even in mutual consent divorce, mother can file a petition for full custody in a family court under the Guardians and Wards Act, of 1890 mentioning therein the details about the child, the other parent, and her own circumstances and qualifications as a parent. According to the Hindu Minority and Guardianship Act, 1956, the custody of all children below the age of five (5) years awarded to the mother and in case of a boy or unmarried girl above the age of five years shows a desire to live with his father, the father gets the custody. In most of the cases fathers gets the custody of the older boys and mother of the older girls as long as it's in the best interest of the children.
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A.Dear Madam,
If there are terms in respect of full custody of the child in mutual divorce agreement then you can request your husband to hand over the child failing which you may approach the Police.
If there are terms in respect of full custody of the child in mutual divorce agreement then you can request your husband to hand over the child failing which you may approach the Police.
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A.Dear Client,
In India, child custody matters are typically governed by the Guardians and Wards Act, 1890, and decisions are made with the child's best interests in mind. If you believe that it is in the best interests of the child to have full custody, you may need to file a petition with the appropriate family court to seek full custody. In this petition, you should outline the reasons for seeking full custody and how it would be in the child's best interests. If the husband is not the biological father of the child, it's important to legally establish the child's paternity. This may involve providing evidence of biological parentage. The court will ultimately make a decision on custody, taking into account all relevant factors and evidence presented.
In India, child custody matters are typically governed by the Guardians and Wards Act, 1890, and decisions are made with the child's best interests in mind. If you believe that it is in the best interests of the child to have full custody, you may need to file a petition with the appropriate family court to seek full custody. In this petition, you should outline the reasons for seeking full custody and how it would be in the child's best interests. If the husband is not the biological father of the child, it's important to legally establish the child's paternity. This may involve providing evidence of biological parentage. The court will ultimately make a decision on custody, taking into account all relevant factors and evidence presented.
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