How can i get custody of my child

970 votes

Sir, before answering your query I need few facts from you.
I.e
1) age of the child
2) it is girl or boy child
3) the litigation pending between the parties.
4) wife's occupation and family status.
5) your occupation and family status.

Court while granting custody looks for the betterment of child,his future and the interest if the child.

Advocate Peeyush Bhatia LawRato

634 votes

Sir,
In response to your query, i would suggest you to sort out your matter with the help of family and friends. As you say that your wife always threaten you of divorce, this is a very serious issue and you have to deal with it seriously. You should first make an effort to reconcile the matter with her at your own because if she is adamant and don't want to live with you then when you people will approach the Court for settlement, then, in that case also, first of all the Court will also ask you people to decide your issue amicably. But, in case if you are unable to settle it out then the Court will decide.
Now, come to the query relating to custody of child. She has got no supreme right to keep the child away from you and to keep that with her always. If she does this then you have every right to approach the Court for custody. Although she is mother, and the Court prefers mother to be the best caretaker and give custody to her. But, thats not the absolute law. Court always weighs all the options as in whose custody the child will be better given love, care, education etc. Welfare of child is the supreme concern of Court. It will also ask the child as into whose custody he/she wants to live. Whose company he like the most. With whom he is more comfortable. Court will weigh all its options and then will decide as with whom the custody of child will remain.
So, i would suggest you not to worry about the custody of child as you also has got every right to keep him/her with you. Thats your child also. This threat by your wife won't work. And now coming to the divorce threat also you also can approach the Court and prove her cruelty by showing evidences of threats in various forms, for e.g video recording, audio recording, text messages, whatsapp messages etc. So, please don't worry. You can take legal route.

Advocate Sunil Gulia LawRato

758 votes

We can help you in retaining the custody of the child. You are a father and unless she can show that your presence in their life will be negative / harmful for them, she cannot exclude you. Mother is natural guardian but there are instances where custody has been given to father.

Advocate Sheetal Vohra LawRato

644 votes

See in this case as you had stated that you got married in 2014 therefore according to law the custody of child will be with the mother only as she is the first guardian of child as per law and you haven't even mentioned that it is a boy or girl as this is also going to matter Because there are two different rules for Custody of child as the child is boy or girl . For further details do contact me.

Advocate Saajan Rathi LawRato

952 votes

Dear Sir,
It is not being clearly mentioned in your query as to why the relationship between both of you is sour and it is a matter of discussion. Why your wife is residing with her parents is not being disclosed?
In legal process you can file a divorce petition to part your ways from your wife and simultaneously file an application for the custody of your child in the court. The custody of child can be procured through court in the best interest of the child.

Advocate Sagar Sharma LawRato

919 votes

Take out facts that your wife isn't able to maintain the child and its bad for his future then file a childcustody suit stating your potential of maintaining the child and believing it to be rightfor his future

Advocate Ruchit Dugar LawRato

937 votes

If you don't want her file divorce case preferably on mutual consent if possible. For child you have to file a case for custody of the child. But generally custody of the child below 5 years are given to Mother and father is given visitation rights.

Advocate S P Srivastava LawRato

891 votes

first of all ur question is not clear u dnt want to live with her or u want to live with her exactly tell me what u want.


and the other thing that the custody of the child is involved if u want the custody file a case in the court for that.

Advocate Sanjeev LawRato