Procedure to obtain the custody of child in case of educated mother?
08-Aug-2023 (In Child Custody Law)
My sister has been married for 3 and half years. She lived in the US with her husband for about 3 years but came back to India after having a baby last December. She has had a turbulent married life mainly due to her abusive father-in-law. She is currently living with her parents while her husband is expected to be back in February. Her husband has stated that she needs to " make amends" with his parents otherwise, he would abandon her. My sister doesn't work currently but she has a degree in fashion designing. Given the situation if they go for a legal separation, what are the chances of retaining custody of the child?
For separation and for custody there is a requirement for filing of individual casrs which then can be looked after in conscience with each other but the custody petition must ensure good grounds to secure
Until a Child attains majority i.e.18 years of Age the mother is considered as a natural guardian of the child unless and until the Husband can prove that the mother is unfit to act in the best interest of such a child.
In most cases the Courts favor the mother!
In most cases the Courts favor the mother!
Custody of the child is never solely dependent on money/job or fianances. Supreme Court has elaborately decided that it is the "well being of the child" which is paramount to decide custodian of the child.
Having said that.... you need to prepare and present your case to satisfy the court to give your sister the custody as opposed to her husband
Thanks and Regards
Adv Sidharth Arora
Having said that.... you need to prepare and present your case to satisfy the court to give your sister the custody as opposed to her husband
Thanks and Regards
Adv Sidharth Arora
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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