Can a child choose whom to be with in case of child custody

My parents got divorced in 2009.i am 15 years old now.I am a custody rights then have been given to my father.i have come to stay with my mother now.and i want to stay here that possible? Or will my father raise any legal case? Even if he files a case will i have the right to say i want to stay with my mother? Is there anything we can do for our safett before my father files a case and get legal notice that i can stay with my mother?

Answers (3)

310 votes

Yes you have a right to stay with whomever you like to stay with and that you can mention in the court and court will allow you to stay with your mother as your minor still and you have every right to stay with your mother and your father can support you financially and he will have visiting rights to see you, if your father raises objection you can always request in the court that you want to stay with mother.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

200 votes

On behalf of you your mother can file petition for your wish , but its takes time so better to wait till complete your minority than after completion of your minority , you will be free as major , if you need legal guidance cont advocate

Popular Child Custody Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
35 years Experience
Advocate Barkha Bhalla
Banjara Hills, Hyderabad
17 years Experience
135 votes

If your mother is able to take care of you meeting all your basic needs and is in sound mental condition then your father can get visiting rights. At the time of divorce in the year 2009 what are terms & conditions mentioned by the court needs to be also looked into such as maintenance under sec 125 cr pc and health condition.

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 and has been responded by one of the Child Custody Lawyers at 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 or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles