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I mother of a 12yr old child want the permanant custody what to do
23-May-2023 (In Child Custody Law)
I am divorced mother of a single 12yr old girl child and share joint custody with her father who lives in assam. l am partner in my father's consultancy firm..I am an architect...Also her father is an architect..He has now married to an already divorced lady with a girl child from her previous marriage and now they have their own child also now ...My daughter is studying in hostel in Delhi since 2013...I and her father share her vacations equally....My daughter's childhood has been in assam ...till the age of 7...Her father is now constantly polluting her mind against me that she is living a hostel life because of me...Also he is bearing entire expenses of my daughter and putting in her mind that he can take care of her completely...Also for last 4 major vacations he has kept her completely with him...How can I get sole custody of my child
Well !! the Vital factors that are seen for granting the child custody are :
Age and sex of minor child.
Financial positions and earning capacity of both parents
Conduct and Parental skills of the parents
Intelligible preference of the minor child when she/he attains age of 9 years and above.
Educational background of both parents and their families
Capability to provide better education to the child.
The issue of child custody is a complicated one and Courts always deal this issue with great care and see the issue from many angles for the welfare of the child and also ensures whether child could get adequate education and also for the normal development for the growth of the minor child and evaluate the circumstances of both parents to avoid the impact of the divorce proceedings on the child psychologically. Court takes responsibility of providing a healthy environment for the development of the child in a normal way despite parent’s divorce
The choice of child is considered, above the age of 9 and is only held if it complies with the fulfillment of the welfare requirements of child
You can ask your daughter if she wants to stay with you in that case you can get the full custody of your daughter
Age and sex of minor child.
Financial positions and earning capacity of both parents
Conduct and Parental skills of the parents
Intelligible preference of the minor child when she/he attains age of 9 years and above.
Educational background of both parents and their families
Capability to provide better education to the child.
The issue of child custody is a complicated one and Courts always deal this issue with great care and see the issue from many angles for the welfare of the child and also ensures whether child could get adequate education and also for the normal development for the growth of the minor child and evaluate the circumstances of both parents to avoid the impact of the divorce proceedings on the child psychologically. Court takes responsibility of providing a healthy environment for the development of the child in a normal way despite parent’s divorce
The choice of child is considered, above the age of 9 and is only held if it complies with the fulfillment of the welfare requirements of child
You can ask your daughter if she wants to stay with you in that case you can get the full custody of your daughter
Helpful?
22+
22+
Adv. Jasdeep Kaur
Delhi | 25+ Answers
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You wish to have sole custody of your daughter. You can get the same only after filing a case under guardians and wards act in court of law only if your daughter wishes to reside with you. It is really surprising as to why you did not share major vacations with your daughter and giving chance to your ex to poison her ears against you
Helpful?
16+
16+
Adv. Vipin Kumar Malhotra
Delhi | 25+ Answers
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You can file for custody of your child and in the same petition you can also chalk out a detailed visitation rights plan between you and your ex-husband. In custody petitions the best interest of the child is seen. Therefore, you will have to prove that. A detailed opinion can be given only upon knowledge of full facts of the case.
Helpful?
15+
15+
Adv. Srishti Saxena
Delhi | 100+ 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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