daughter daughter

3 months ago

my daughter is 11 year old i do job of deliwery of 12000 per month my wife has good job of salary 100000 in mnc due to my wife nature my daughter is not interested to stay wit mother my daughter says we will live together and will left mother home without divorse will it be possibe to me to live with daughter .IF YES AND I FILE CASE HOW MANY DAYS REQUIRED TO GET ME MY DAUGHTER.

Anik

Responded 3 months ago

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A.Dear Client,
In situations where your daughter expresses a preference to live with you, it's important to approach the matter judiciously. You can consider filing a case for child custody, emphasizing the child's well-being and her preference. The legal process involves presenting your case before the court, which will consider various factors, including the child's age and preference, the financial and emotional stability of each parent, and the overall living conditions.
The duration to get custody of your daughter can vary based on the legal procedures, court backlog, and the specifics of your case. It's advisable to consult with a family law attorney who can guide you through the process, provide insights into the expected timeline, and assist in presenting a strong case for child custody. The court will prioritize the child's best interests, and a well-prepared and documented case can contribute to a favorable outcome. Engaging in open communication and understanding your daughter's feelings will also be crucial during this challenging time.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
On dissolution of marriage through a decree of divorce, the custody of a child is considered on the appeal of parents. 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 a child by either parent. It is possible for fathers to get sole custody of their children. In order to do so, first and foremost they 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. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father. Consult with an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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