questions on Child Custody
I am a working mother and I have a 3 yr old son . I am planning to file a divorce but I have few queries 1. Will the child custody be mine ? 2. If I get the child custody ,what s the duration of the visiting hours given to the other parent . I am not ready to compromise on weekends as I too get to spend quality time with my kid only on these two days. Need to understand ,how it works as per legally.
The Hindu Marriage Act and the Hindu minority and guardianship act provides for mothers and the first and foremost natural guardian of a child specially if they are under the age of 5 years.
The grant of visitation rights are decided on the merits of the case. Visitation rights and child custody can also be mutually agreed upon both parties.
You can fight for your son's custody till your son attains the age of 5yrs. Thereafter your husband can also equally fight for your son's custody. Duration of visitation hours is not generally fixed and it depends upon the court Order.
Advocate Jagadish NAdugodi, Bangalore
You are entitled and eligible to get child custody. Its likely that he will get visitation right if he demands for the same. Court orders for visitation depending on many factors , such as age, distance, convenience etc. Usually he gets on or two days visitation right in a month or a month in year.
Advocate Sandeep HegdeRajajinagar, Bangalore
The Hindu Marriage Act and the Hindu minority and guardianship act provides for mothers and the first and foremost natural guardian of a child specially if they are under the age of 5 years . The grant of visitation rights are decided on the merits of the case. Visitation rights and child custody can also be mutually agreed upon both parties
Advocate Praneeta SharmaSaiyad Ul Ajaib, Delhi
File Mutual Consent Divorce @ Rs. 25,000/- only
- 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. 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.
Get Started >>
Answers by Our Lawyers
- Caste certificate
- Precautions that the husband must take in a mutual divorce
- My uncle selling ancestral property without consent
- How can me and my daughter claim PF & Gratuity of my deceased husband
- Can I mutate my share separately if cousins are delaying signing