Wife demanding custody of 2 yr old male child custody from spouse living seperately
6 years ago
Wife has sent a legal notice demanding custody of a 2 yr old child from husband who is living separately. Husband is willing to comply. Please advise whether any legal documentation is necessary
Deepak Yashwantrao Bade
Responded 5 years ago
A.dear client in your case It is a rule that custody of minor children will go to the wife.You can mention this in the petition separately if you want, otherwise also it is not an issue.
Helpful
Helpful
Share
Rajender Prasad
Responded 5 years ago
A.Dear client, although father is ist natural guardianof the child but custody of the child upto 5 years remain with mother. For details, pl. contact some family advocate through vidhikarya.com
Helpful
Helpful
Share
A.Dear Umesh, According to The Guardianship Act mother gets the physical custody of the child who is below 5 years of age and the father can have the visitation rights. So, if they have applied for divorce suit then there is no need for any other documents. Just add this in that petition. if they haven't then prepare a petition and file it before your Family Court or District Court with the help of an advocate.
Helpful
Helpful
Share
Read Related Answers
Moving out/Running away with 3siblings under 18 - Leaving BPD mom behind
Dear Client,
You're facing a difficult situation with your mother, who has been abusive due to untreated mental health issues. You took the step to move out with your siblings for safety, but you're...
Travel abroad
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. U...
Child custody/ separaration
Dear Client,
It is safer to apply for a divorce if you want to quit the marriage and take custody of your child to go back to your nation
Alcoholic and abusive husband allowed to see kids
Dear Cleint,
It's commendable that you've taken steps to protect yourself and your sons by seeking legal recourse through divorce and filing for protection.
Given the history of abuse and the poten...
Alcoholic father allowed to see children through video calls
Dear Client,
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 furth...
Read Blogs on Child Custody
Child Custody Lawyers
Find Lawyers by Location