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Can permanent custody of daughter be given to mother
15-Jan-2023 (In Child Custody Law)
A hindu wife had to give permanent custody of her 6yrs daughter to the father as he took away the daughter n for 8-10 days didnt disclose whereabouts n whn the court asked to bring the daughter,she was totally changed n in front of counsellor refused to be with mother,whereas frm almost a year was staying with her seperately frm father.So the mother hd to hand over the custody to father.The mother was gvn access but due to weak financial conditn cdnt maintain the access n hd no maintainence.So after 6 yrs can she start access n can she get custody if she is remarried?
Dear client mother can apply for custody even after is she get remarried. But for filling custody petition she needs strong grounds like father is not taking proper care or father is under influence of alcohol. For any legal help call me
Adv Prasad Patil
Pune
Adv Prasad Patil
Pune
Helpful?
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The future of the child is important and if the wife is unable to provide good upbringing to the child and father is better placed then let the custody be with father.
If the mother remarries then unless the father of the child is shown to be negligent towards the care and education of his daughter and the wife being in better position to take care of the girl child with good financial background and love of the child towards her mother , she can claim custody , but if the child choose father then she can not claim custody , any way the child custody is till she attain majority and once she attain majority she can choose to be with either father or mother.
If the mother remarries then unless the father of the child is shown to be negligent towards the care and education of his daughter and the wife being in better position to take care of the girl child with good financial background and love of the child towards her mother , she can claim custody , but if the child choose father then she can not claim custody , any way the child custody is till she attain majority and once she attain majority she can choose to be with either father or mother.
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Adv. Amresh Sharma
Mumbai | 100+ Answers
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Hi if you are her natural mother no one can stop you from meeting your daughter even you are remarried you have to apply to court for access to meet your daughter, if already has the right for access then send a notice to the opponent.
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Adv. Mrutyunjay Mahendra Bhokhare
Mumbai | 100+ Answers
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