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Q. Mother Take a Child Custody

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Anonymous

posted 5 months ago

Q.Mother Take a Child Custody
Can a mother take a child custody legally though she is living with his husband and in-laws due to continuous dispute with them on small small issues.
Kindly advice me.

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Adv. Jamal Sait

Experience: 7 Year(s)

Responded 5 months ago

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A. ) Yes mother is the natural guardian of a child upto age 5 but she will also get custody after age 5 if court is of the opinion that it is interest of the child to remain with the mother.

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Adv Poonam Manoj Sapate

Experience: 2 Year(s)

Responded 5 months ago

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A. ) Yes ma'am
You can make a MOU between you and your husband regarding custudy of your child
For more
Contact Adv Poonam Sapate

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Suneel Moudgil

Experience: 15 Year(s)

Responded 5 months ago

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A. ) if you are thinking of separation from your husband, then you surely can take custody of your kids,
but as you say "small small issue" better to think again and
try to settle the matter amicably with your husband involving elders/relatives/friends

YES a mother can claim custody legally

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Junaid Ali Khan

Experience: 2 Year(s)

Responded 5 months ago

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A. ) Yes , mother is entitle and she can take the custody legally. You need to file an application for custody of child before the guardianship (family) court.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 5 months ago

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A. ) Yes . U can file children coustody suit. Approach any local lawyer

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 5 months ago

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A. ) Dear Sir,
Yes, you can take restrain order under DV Act.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 5 months ago

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A. ) Yes . It will be dependent on age of the children

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Shreyash Mohta

Experience: 1 Year(s)

Responded 5 months ago

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A. ) Custody of a child is an issue usually when there is a divorce or separation between the husband and wife who have a child.
As per your query, the wife is staying with the husband and in laws in spite of continuous disputes.
In such a case filing a case for the custody of child will not reap good results as it will be impossible for the court to decide this question if the spouse is staying together.
It is therefore advisable to file a petition for restitution of conjugal rights and then seek for child custody as by doing so at least the spouse will live separately and the question of custody will carry certain amount of weightage.
Thanks.
Shreyash Mohta.

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