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Clarification on custody of the child after divorce is finalized.
03-Mar-2023 (In Child Custody Law)
I have a daughter of 10years old and I am separated from my husband. Now after 5 months of separation he has send a notice to send my child in one week of time. I am confused and my child doesn't want to go with him. What to do now. How to proceed. Help me in answering
What has been ordered in your divorce decree. Even he was not given custody the father can ask for visitation right. Unless and until you prove that the father's visit is detrimental to the child you cannot deny him visitation right. Contesting in the court for this issue would be a mental agony to the all the parties concerened. So try to come for amicable settlement and if it fails contest the issue in the court.
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Adv. Vasavi Sridevi Sivanandam
Chennai | 200+ Answers
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don't worry your child will be with you he can't take your child from you unless and until your child Eagers to go with them since that is your daughter court will decide to give her upto 18 to you and accept, in order to escape from giving maintenance your husband made you to confuse that's all nothing enjoy your life with your child
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Adv. A Joseph Jerry
Madurai | 25+ Answers
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Firstly don't get confused. You should meet a good Lawyer and take his/her guidance. You can take advice in this forum and act. You will have to discuss all your problems with a reliable Lawyer and then proceed. You should send a proper reply to the notice sent by your husband. You need not send your daughter to your husband. Your daughter is 10 years old so she can be with you only. Even if your husband file a petition in the Court, the Court will not tell you to hand over your child to your husband. Also the Court will ask your child for her willingness to go to her father. Kindly meet me for detailed advice.
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Adv. Suchit Palande
Chennai | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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