Can father file for custody of child after the period of 12 years


Hi I was married in august-2004,After that my son was born in july2005.After six months, my wife went to her home with my son and refuse to come back and file a case 498-A .After that our division took place in jan 2008.I have not even met my child since april2006.Because my dad did not want that a small child be separated from his mother, so I have not filed any case that time.After that, my second marriage was held in 2010. I have a 5year old daughter and I have gradually convinced my wife for file a case for my son.Can this thing go against me that why I file the case after such a long period aprox 12years.

Answers (3)


97 votes

Dear client , please note the legal heir of the child is always his father, but in twelve years period you never turned up at him then why morally spoiling the life of your own blood. even your visit or contact may affect the psychology of that child.as you are meeting first-time child due to an excitation try to respect you and disrespect to present father or his mother, try to appear in the shoes of his mother and take proper decision.do not hesitate for contact.please rate me on law rato.


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342 votes

At the present situation first try to know the your sons wish where he want to stay with his mother or with you.
Again it is very important that the stand of your ex wife. On that basis it will help youy to take proper decision.

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134 votes

Yes you can file the application to take custody of your son but before taking the custody you have to prove that your wife is not taking the care of your son and also you have to prove that your wife is not able to take the care of your son so you can file the custody for your child

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