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.
5 years ago
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.
Adv. Jamal Sait
Poonam Manoj Sapate
Suneel Moudgil
Junaid Ali Khan
A. Dear Sir,
Landmark Judgement pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes
In a remarkable judgment dealing with interim custody of child suffering in parent’s matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court laid down various propositions of law while awarding the interim custody till final disposal by the trial court to the mother. The bench speaking through Justice ...ReadMore
Rameshwar Dadhe
Regarding child custody
Sir there is divorce case between me nd my husband. Because of my mother in law nd sister in law he filed a false allegations against me. I hv leave my child so that he feel some responsibility. But h
5 years ago
A. Dear Madam,
The answer is yes.
But father will have visiting right as per the direction of the Hon'ble court .
Of course in the presence of mother.
Shanti Ranjan Behera
Advocate
Shreyash Mohta
Child Custody Case
Can a child Custody case be moved to fast track if yes how?and how much time will it take? if in the case of a mother if the child attains 7yrs of age during the process will she able to get the custo
5 years ago
A. Dear Sir,
There is no fast track Court. But you can approach High Court and get a direction to the Family Court to dispose the case within 60 days or so.
For full procedure contact me on mobile through Vidhikarya.
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A. Dear Sir,
There is no limit for running a child custody case. You may approach High Court and get time bound disposal direction.
Rameshwar Dadhe
Child Custody in Muslim Law
Hello..took khula according to Muslim law 5months back.my ex husband seperated my 11month old son from me took to his house and blackmailed me that if I want my son I should break all d relations with
5 years ago
A. Ma'am as per your query
1. You had relinquished your right to maintain your son. [In this regards the next guardian, the father of the child becomes the caretaker of the son] Irrespective of the fact that you had left such guardianship or the onus to maintain your son by force or any other external factors which have to be proven in the court of law having competent jurisdiction which will be tough to prove as you will have no documentary evidences to prove the same. All that we shall have are ...ReadMore
Shreyash Mohta
Child Custody Law
My husband and I are planning for a divorce and we have to decide on the custody of our 3 years old son. I heard mostly mother should take care of the child if the child is below years. I want to do t
5 years ago
A. Ma'am as per your query,
The general thumb rule is that the custody of the child is given to the mother till 5 years [She being the Natural Guardian] after that, the custody will be dealt on the merit of the case as to who can take care of the child both emotionally, mentally and [very importantly, financially] and with whom does the court see the bright future of the child. Also, when the child is aged enough to give his consent, his opinion will hold great value in the decision making of the ...ReadMore
Shreyash Mohta
Want to meet son
My wife and my son is not staying with me for almost one year, after she left with some family quarrel. She and her parents not allowing me to see my son. Is there any legal way to see my son?
5 years ago
A. file a suit for Child custody in the competent court.
court will grand you permission to meet you child or grant permission for a specific time to stay with you with certain terms and conditions.
YAKUB ALI MOHAMMED
Child Custody for Fathers
can father get 8 years old girl child custody after divorce
5 years ago
A. Dear Sir,
Yes, it all depends upon welfare of the child which will be considered by the Court.
For full procedure contact me on mobile through Vidhikarya.
Rameshwar Dadhe
Child documents
Do the parents need to submit my documents in the process .like birth certificate and my photography (passport size) I want to know .I am 19 and I don't want to live with my parents. Can I take decisi
5 years ago
A. Dear Sir,
You can take decision by yourself as you attended age of majority but regarding birth certificate the proper witness will be your parents if you are unable to get any other believable evidence.
For full procedure contact me on mobile through Vidhikarya.
Rameshwar Dadhe