Child custody without divorce

Question

Child custody without divorce

06-May-2023 (In Child Custody Law)

advise to get child custody without divorcing my wife, my in laws have taken away my wife and have not contacted me or my family since then, they took away the child and my daughter through police station, I am ok with visitation rights as well , I love my wife a lot, I don't want to hurt her, all I want is to take care of my child's future and be able to see meet touch and play with her and to bring her to my house under child custody

Answers (5)

Answer #1

Adv. Sudershani Ray

Delhi | 200+ Answers

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Is divorce necessary for child custody?

What to do when a child wants to live with one parent?

What custody arrangement is best for a child?

What is the best evidence for child custody?

Adv. Chikirsha Mohanty

Delhi | 200+ Answers
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All Answers

LawRato LawRato · Accepted Answer · 2015-05-06T20:20:02+05:30

The option available with you is to file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act 1955(assuming you are a Hindu).

Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:

Section 9. Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Hence this is a legal way wherein court will direct your wife to stay with you.

Accepted Answer

Fathers can indeed take custody after divorce. According to Indian laws, both parents who are divorced have equal rights in relation to their child. The fact that one parent wins custody does not mean that the other parent loses parental rights. Q.

Accepted Answer

Do not take it personally. ... Keep Communication Open. ... Bring Your Ex into the Conversation. ... Consider What Will Happen If You Let Them go.

Accepted Answer

Suggested Schedules for 50/50 Child Custody by Age Teenagers are able to handle longer periods of time apart. Many experts suggest that families with young kids start out with a 2-2-3 schedule and gradually increase it to alternate weeks as they age.

Accepted Answer

To prove your financial stability, you will need to gather official documents. Income information such as tax returns and paystubs are good examples. Medical records that show your child is receiving proper medical attention. Your childs school report will show their grades. These are often a reflection on the home environment.

Advocate Sudershani Ray LawRato · Accepted Answer · 2015-05-07T19:12:02+05:30

The option available with you is to file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act 1955(assuming you are a Hindu).

Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:

Section 9. Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Hence this is a legal way wherein court will direct your wife to stay with you.

Advocate M S Hussain LawRato · Accepted Answer · 2015-05-07T21:48:01+05:30

Yrs it is possible to ask for the custody of child withhoit divorce proceedings but before granting custody court consider certain fact.but in any case u r sure to get visitng rights.

Advocate Ritesh Isaac LawRato · Accepted Answer · 2015-05-08T12:13:17+05:30

You have not mentioned in which proceedings you have recevied the visitation rights.You also need to mentioned as to how old are your children.There is a limit of age in which the mother can only have the custody of the child,thereafter after that age you can seek the custody of the child from her through court.If she has not stated any reason for staying away from you then you n file the petition for restitution of conjugal rights thereby directing her through court to stay with her.

Advocate Chikirsha Mohanty LawRato · Accepted Answer · 2015-05-06T20:20:02+05:30

You can get custody of your child without divorcing. In the event that your spouse wants to divorce you but you do not, you may file a Petition for Judicial Separation and then, if you have separated, you may file a Petition for Child Custody for child custody while you are married.

Child custody without divorce

Adv. Sudershani Ray

Is divorce necessary for child custody?

What to do when a child wants to live with one parent?

What custody arrangement is best for a child?

What is the best evidence for child custody?

Adv. Sudershani Ray

Adv. M S Hussain

Divorce without child custody agreement