Can i challenge the custody of children which was given to ex husband?


Can the custody of kids which is with my ex husband currently be challenged in case he is not allowing me to meet them or talk to them and is not taking proper care of them? I have taken Divorce last month and the custody of my kids is with my ex husband.

Before our Divorce was finalized, he was giving me the comfort of talking to our kids and also he was not going on tours so frequently. But now things have changed. Can I fight for the custody for my kids now?

I don't need their maintainence amount from him but just need the custody. Kindly advise.

Answers (1)


474 votes

Yes, you can challenge the order for grant of custody based on the ground of change in circumstances. You shall have to adduce evidence to prove to the Court as to why the custody should be granted to you.  

We shall be in better position to guide you if we could know the reasons as to why the custody was granted to the father in the first place.

Was there any written agreement under which custody was given to your husband?

Kindly share all details along with the court judgement so that we can guide you in a better way.


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