LawRato

Can a mother reclaim child's custody as financially stable now


16-Jan-2023 (In Child Custody Law)
Can access be started after a gap?The daughter's custody is with father,initially the mother maintained her access,bt due to financial problems was unable to maintain it.So can she start after 6 yrs of gap?
Answers (2)

Answer #1
992 votes
Hi

Surely you can start accessing the child.
Financial problems are not bar to meet your child.
You can also move petition for custody
Please contact with proper facts about the case so that we can advice you better
Answer #2
768 votes
Your question in short is about asking of child custody and question in detail is about restart of child access.
1stly, Naturally mother and father have equal rights on their child, but Court grants Custody or Access by observing better Financial, Mental, Cultural, Social, Character.. position of one of them, which if changes, can reclaim for Custody or Access.
2ndly, in your case by Court Order custody is already been granted to father and access to mother, and due to financial problem mother could not maintain access and mother wants to restart access of child after 6 years gap. My answer to it is, yes of course mother may restart access as Court Order is already in mothers hand, and if father objects to give access, mother may file Contempt Of Court Order Miscellaneous Application, by showing facts reasons why she could not maintained access for 6 years.
Don't worry child's mother! you have the same right on child as child's father.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

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