Travel abroad
1 week ago
Can my husband stop me from traveling out of the country with out 4 year old son? He refuses to give permission but my son and I have foreign passports so I don't need written consent
A.Dear Client,
Your husband can not stop you from leaving the country although he will have certain rights over the child since you both are still under the status of being married
Your husband can not stop you from leaving the country although he will have certain rights over the child since you both are still under the status of being married
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A.Dear Client,
Your husband being the biological father of the child can refuse and prevent you from taking away your child abroad in the absence of any court order awarding you custody of the child. Until and unless a marriage is annulled by a decree of divorce, you cannot claim custody of your 4-year-old child. As per the Hindu Minority and Guardianship Act, if the child is below 5 years old, the custody is naturally given to the mother. Only in case of the appeal from the biological father, if the court feels that the mother is unfit to take care of the child, the custody will go to the father or another person. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a divorce petition before the appropriate Court.
Your husband being the biological father of the child can refuse and prevent you from taking away your child abroad in the absence of any court order awarding you custody of the child. Until and unless a marriage is annulled by a decree of divorce, you cannot claim custody of your 4-year-old child. As per the Hindu Minority and Guardianship Act, if the child is below 5 years old, the custody is naturally given to the mother. Only in case of the appeal from the biological father, if the court feels that the mother is unfit to take care of the child, the custody will go to the father or another person. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a divorce petition before the appropriate Court.
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