Can a father who is having the custody file a child custody case to stop mother from taking away 11 yrs old son
3 months ago
Me & wife contesting divorce,3 hearings passed & she replied to my petition,in the meantime I proposed for mutual which she agreed, on the first session, she said don't want to come back, also demanded my son (of 10years, who is staying with me) & maintenance for my son, counsellor said to handover my son on weekends, I didn't agree, what legal options I have, i lost my business & jobless now, my son doesn't want to go with her. I met her many times alone as well as with my son to sort out.
1) can I delay the counselling sessions by taking prefered dates
2) should i ask her to contest the divorce
3) if she moves with child custody, how much time would it take for me to respond
4) can I file child custody case, instead
A.Dear Client,
Under the Guardians and Wards Act of 1890 in India, when a child reaches the age of 9, the court considers their preference in custody disputes between parents. Sole custody for a father is possible, but it requires establishing the mother's unfitness before the court and demonstrating that the father meets the "best interest standard" for the child. Section 39 of the Guardians and Wards Act outlines that a parent, be it the mother or father, may lose custody if they fail to provide proper guidance, care, or support, and are found to be unfit, a drug abuser, or engage in emotional and mental abuse. Moreover, in certain custody cases, fathers may face an additional burden to prove their case compared to mothers.
Thankyou
Under the Guardians and Wards Act of 1890 in India, when a child reaches the age of 9, the court considers their preference in custody disputes between parents. Sole custody for a father is possible, but it requires establishing the mother's unfitness before the court and demonstrating that the father meets the "best interest standard" for the child. Section 39 of the Guardians and Wards Act outlines that a parent, be it the mother or father, may lose custody if they fail to provide proper guidance, care, or support, and are found to be unfit, a drug abuser, or engage in emotional and mental abuse. Moreover, in certain custody cases, fathers may face an additional burden to prove their case compared to mothers.
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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. According to Section 39 of the Guardians and Wards Act, 1890, if a mother/father fails to provide proper guidance, care, or support, and is determined to be unfit, a drug abuser, or who emotionally and mentally abuses the child, will eventually lose custody of their 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. 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. So, it is advisable to consult a legal expert on the subject for guidance and steps.
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. According to Section 39 of the Guardians and Wards Act, 1890, if a mother/father fails to provide proper guidance, care, or support, and is determined to be unfit, a drug abuser, or who emotionally and mentally abuses the child, will eventually lose custody of their 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. 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. So, it is advisable to consult a legal expert on the subject for guidance and steps.
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