How to gain custody of child

573 votes

Dear Sir,

Please mention the age of the child as age is an important aspect in the case of guardianship act.
If the age of the child is above 5 years then only you should file the suit for guardianship of the child as till that age court thinks its better for the child to stay with the mother in exception circumstances if the court think its better for the child to stay with the father it will be allowed,
you can file application for visitation right at any stage to meet the child.

Thanks

Advocate Ramit Sehrawat LawRato

503 votes

There is a provision for visitation right. Ask your adviocate to move an application in that respect. Court would decide the matter n you would be able to take your​ child with you for one day a week.

LawRato LawRato

558 votes

Womn didnt marry with other person if divorce is nt done with first husband. If she did so than husband can file a case against his wife for the purpose that marriage is void bcz he dnt give divorce yet to his wife.


NW we cme to the point that age of the child is 4 year so husband didn't have any right on his child. If child obtain the age of 5 year than he can file the case of child custody. It's depend on the court that what court order who cn give the best future to child. If court thinks that father cn give the best future to the child than court order that child will gv to the father.

Advocate Deepak Kumar Yadav LawRato

716 votes

I am so sorry to hear about your situation. We'll have you filed a complaint or an FIR in which all the facts that you have stated have been mentioned. Second, you will have to file a suit for getting the custody of your child. She cannot get married to another person without obtaining a divorce, provided, you had your marriage registered. In case you require further assistance then please setup a meeting and I can advice you on what can be done further.

LawRato LawRato