Mutual divorce - wife taken the custody of child
5 months ago
We both had agree in mutual divorce and we sign the concern terms for child that child can stay any where as his choice and suddenly wife taken the coustady of child and not allowing to meet.
A.Dear client,
As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of the child by either parent. It is possible for a father to get sole custody of his child. In order to do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" of the child. In addition, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. To ensure the child's welfare, the court must guarantee that the child is in contact with both parents regularly for his proper welfare and growth. The child has to stay with the parent assigned by the court till he or she reaches the perceptible age, irrespective of the claims of the parents. In many cases, the courts in India encourage parents to explore mediation before initiating formal custody proceedings. Mediation is a process where a neutral third party helps parents reach a mutually agreeable custody arrangement. If mediation doesn't result in an agreement, you may need to file a custody petition in the appropriate family court. Courts in India prioritize the best interests of the child when determining custody.
As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of the child by either parent. It is possible for a father to get sole custody of his child. In order to do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" of the child. In addition, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. To ensure the child's welfare, the court must guarantee that the child is in contact with both parents regularly for his proper welfare and growth. The child has to stay with the parent assigned by the court till he or she reaches the perceptible age, irrespective of the claims of the parents. In many cases, the courts in India encourage parents to explore mediation before initiating formal custody proceedings. Mediation is a process where a neutral third party helps parents reach a mutually agreeable custody arrangement. If mediation doesn't result in an agreement, you may need to file a custody petition in the appropriate family court. Courts in India prioritize the best interests of the child when determining custody.
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A.Dear client
Look over the divorce agreement to ensure that both parties clearly understood and agreed upon the terms for child custody. If the agreement is in writing, it can serve as a crucial document. Try to open a line of communication with your ex-spouse to understand the reason for the change in behavior. It's possible there's a misunderstanding or a specific reason that can be addressed. If the situation cannot be resolved outside of court, you may need to attend a court hearing to present your case. Be prepared to provide evidence that supports your position, such as documentation of the agreed-upon terms.
Look over the divorce agreement to ensure that both parties clearly understood and agreed upon the terms for child custody. If the agreement is in writing, it can serve as a crucial document. Try to open a line of communication with your ex-spouse to understand the reason for the change in behavior. It's possible there's a misunderstanding or a specific reason that can be addressed. If the situation cannot be resolved outside of court, you may need to attend a court hearing to present your case. Be prepared to provide evidence that supports your position, such as documentation of the agreed-upon terms.
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A.Dear Sir,
If child is not attend age of majority then you can filed child custody case claiming permanent child custody till child attains the age of majority.
If child is not attend age of majority then you can filed child custody case claiming permanent child custody till child attains the age of majority.
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