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Where can I file a change of child custody suit
27-Aug-2023 (In Child Custody Law)
Divorced 5 yrs ago on mutually agreed terms. Physical custody of, now 11yr old, daughter is with my ex -wife. I am unhappy with the way my daughter is being raised and there is often frustration of my visiting rights. Want to know my legal options. Daughter was born in Hyderabad, Divorce was pronounced in district court Panchkula and the daughter is currently residing at Delhi with her mother. Where can a file a change of custody suit?
You can imitate the proceedings for change of custody of the child where the child is residing presently I.e. Within the jurisdiction of the concerned district in Delhi.
The non-negotiable principle on which custody is decided is the 'best interest and welfare of the child'. Who will best serve the child's emotional, educational, social and medical needs is the only criteria.
The court is parens patriae, the ultimate guardian of the child and her/his property and so minor's property/income is amply protected by law and terms of custody, access and child support can be altered in changed circumstances and/or in the interest of the child. It has to be 'the best interest of the child'.
The non-negotiable principle on which custody is decided is the 'best interest and welfare of the child'. Who will best serve the child's emotional, educational, social and medical needs is the only criteria.
The court is parens patriae, the ultimate guardian of the child and her/his property and so minor's property/income is amply protected by law and terms of custody, access and child support can be altered in changed circumstances and/or in the interest of the child. It has to be 'the best interest of the child'.
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Adv. Ishan Rohan
Ranchi | 200+ Answers
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