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Wife want child custody but child not wiling to stay with mom
24-Aug-2023 (In Divorce Law)
My divorce case hearing in Bangalore 19th Oct 2016. I have sleeted there money already. But I have a son 11 year old staying with me, but he not interested to live with her mom or mom family. But my ex wife is asking in court ,that she will look after him. But my son not really to go with her mom. What will the court will say on this. Or court will ask my son that with whom he intersect to live with mom or dad .
The choice of a child above 9 years old is considered while giving child custody. The courts take in to consideration the child's mental satisfaction and best interest. It also based on other factors such as the character of the parent, sex of the child, age of the child, economic condition of the parent.
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Adv. Prerana R Saraf
Mumbai | 25+ Answers
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In this case if you are ready to hand over the son in her custody then you have to convince him and send him and if you are not ready and son is also not ready then court will not send the child to your ex-wife, further if she wants to claim legally she has to file application or petition claiming child custody and the court will pass orders after hearing both sides and will grant the custody to person who can take better care of child, or you can see the court decides looking to the welfare of the child, further even the child's wishes are also taken in consideration while deciding the matter, further the mother can at present get visiting rights.
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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Dear friend,
You have to fight for child custody as the boy is still less than 14 year hence it is better you fight for child custody where intension of boys would also be heard.you can better consult our office with detail to help you better .
You have to fight for child custody as the boy is still less than 14 year hence it is better you fight for child custody where intension of boys would also be heard.you can better consult our office with detail to help you better .
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If the child is not willing to go and stay with his mother the Court cannot force the child directing him to go and stay with his mother. You can ask the court to interview the child and on the Court being satisfied after interviewing the child that the child is not willing to stay with the mother appropriate orders would be passed. However she would be entitled to visitation rights.
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