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Can the boy claim custody of his baby with married girlfriend
02-Feb-2023 (In Child Custody Law)
couple has been living separately in their parents house after 6 months from their marriage due to misunderstanding. During this separation the girl live with her boy friend and have a male child and they are living happily. After 2 and half years the legal husband and girl had been applied mutual divorce. After 6 months from the case the girl decided to live with her legal husband with her boy friend's male 2 years old child. My question is Can the boy friend get his baby legaly? What is the procedure for that?
Legally, the father of the child is the husband since the divorce was not finalzed at the time of the birth of the child. When the marriage is subsistence the child is presumed to be the legal child of the husband. The presumption could be rebuted only by proving there is no access between the husband and the wife or through paternity test. If the boyfriend wants the child he has to file petition for decide the paternity. If it is allowed and the paternity is proved then he can ask for custody if he could present a strong case that he could provide healthy enviornment for the child and mother could not do so.
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Adv. Vasavi Sridevi Sivanandam
Chennai | 200+ Answers
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