wife seeking custody of child after 4 years divorce
my divorce by mutual consent came through in nov 2011..cos' of lack of career and parental support and logistics constraints had to give the custody of my 7 year old son to my ex husband..wanted to know if i have the right to claim custody of my son after i have sorted things out and have made a career and can also match up to the material comforts that my ex husband can provide him now and in case he gets remarried then is it that i get the custodial right of my son automatically ? please help.
You can file a child custody case against your husband before the district court where the child is residing under section 25 of GWA read with section 12 of GWA for interim relief for visitation right.
But ultimately it is the child in whose favor the court will decide. So if your child decides to stay with his father, then it will be in your ex husbands favor.
And if your ex husband has remarried then child custody can not came to you automatically.
- 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 Child Custody Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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