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How to apply for custody of four year old son
20-Feb-2023 (In Child Custody Law)
My daughter has been having a bad marriage and had put up with her husband for the sake of her 4 year old son but yesterday he slapped hermultiple in front of her son and his parents and she requested us to bring her to our home which we did. He did say he was sorry and he just snapped and so slapped her. Since her husband is a lawyer himself with Karnataka HC and Supreme Court, we feel he will move for custody of the son to harass her. Though he doesn't give any assistance in bring up the child since his birth and has generally been inattentive , we feel he may file a case for custody of our grandson. His father is also a senior advocate, though not practicing because of old age. We are Hindus, he is a Kannadagi and we are Malayalis settled in Bangalore, it was an arranged marriage. Please advice.
Minor child are committed to the custody of mother,a father who is proven to neglect the child is not handed with the child custody. However there is no hard and fast rule and the paramount factor in decision is welfare of the child.
You can file a suit under Wards and Guardian Act in District or Family Court to fight for your sons custody.
You can file a suit under Wards and Guardian Act in District or Family Court to fight for your sons custody.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Sir, Just because your son-in-law is a lawyer doesnt mean that he will get the custody of the child. As per the law the father can get the complete custody of the child after the child is 13 years old, however if the child is only 4 years old he can get only visitation rights.
You can file a case and we will assist you.
You can file a case and we will assist you.
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Adv. Varun Papireddy
Bangalore | 100+ Answers
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The law is same for all so in this matter it is better that your daughter files a case of maintenance for herself and her son, further custody of child below 5 years old remains with the mother, further even if he applies for custody the court will not grant it instantly as the trail has to be conducted and looking to ghd the welfare of the child the court will decide in whose favour custody is to be given.
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Adv. Bharat Narasgouda
Belgaum | 500+ 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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