Alcoholic father allowed to see children through video calls
1 week ago
I was married on 2015 and later realized my husband is chronic alcoholic and abusive verbally and physically. we are having 2 sons elder one 7 years and younger one 4 years. for kids sake i had tolerated him till last year, but he started hiting and scolding kids without reason also using abusive language for them and threatening them by mera paise ka khaatha hai, aur mein nahi chahiye tera hisab kithab barabar karta hu. actually his day starts and ends with alcohol till the our last stay with him. his behavior was unpredictable, neither he ever cared or loved kids, he use to take kids with him while going to purchase alcohol. he use to torture my elder son, which affected him he started saying dad is bad and cruel like ravan, don't want to stay with him. my son had seen his father abusing and beating me and fighting with anyone in family and outside and he was putting bad influence on kids. I also stayed with in laws because of his behaviour, he came there and torturing us and made our life hell. His mother use to say don't share anything with my parents, it will make my husband more violent and he will make my parents life hell. she also said to her son, that she is just keeping me and kids with her, so that I won't file case against him. last year me and kids moved with my parents and I had filed divorce and domestic violence against him, but my advocate neither filed my divorce or DV made me wait till march 2024 and ask me to show kids on video call to him and his family, and he also asked my advocate to try to reconcile and resolves the issues because he don't want to run behind court case. last month I changed advocate and now my dv and divorced is filed and as per his advice, since last month I am not showing kids on video call to him and his family because I knew that he had not changed, he is acting to be normal just to avoid case. Not showing kids through video call will affect on child custody, because I don't want his behavior to affect the kids again. Please advice
As stated in the query, you have already taken legal action against your errant and unruly husband filing a case for Domestic Violence and a petition for divorce in the Court, so no further advice in this regard is required as of now. As regards custody of the child post a decree of divorce, it may be informed that on the dissolution of marriage through a decree of divorce, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child reaches the age of 9 years, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Fathers can get sole custody of their children. 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. Only in case, the court feels that the mother is unfit to take care of the child, the custody will go to the father. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition if there is no scope for mutual divorce as grounds for contested divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings.
Travel abroad
Child custody/ separaration
Alcoholic and abusive husband allowed to see kids
Mutual DV and child custody
Living separately for 7 years
