Can you file for Child Custody without Divorce


me and my wife are living separately since the past 2 years and I have a 4 year son who lives with her mother in Kolkata. Section 9 RCR pass in my favour. can I file child custody with out divorce.

Answers (4)


275 votes

Look. As per Law, till 5 years age of a Child, mother custody is the best custody. Therefore, it is quite negative for your side to file custody for your son at this present stage. Please after attaining 5-6 years you can proceed for it. and it will be better.


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146 votes

Custody and divorce are two different things. You can always fight for your custodial rights without going for divorce. But i will suggest till the time your son attains the age of 5, hold on. After that file your custody case. For that you need get the details of the whereabouts of the mother. Filing these type of cases need time. You need to accumulate the evidences and then proceed. For that we need to sit and strategize. I have an office near High Court and a chamber at Prince Anwar Shah. My name is Debangshu Dinda, i guess you can find my contact details in the site itself or you can always get in touch through linkedin by typing my name. Feel free to give me a call and we will strive to give you the best of relief.

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105 votes

Normally a minor child of below 7yrs. is kept with her mother's custody. In some exceptional cases father can apply for custody of such child before Ld. District Judge. Well being of the child is major factor for that decision of court.

249 votes

You can file the same but it should be mind it, the Ld. Court may allow your submission if you success to prove some essential requirement, like for better education, care, caution, status, your Income etc. If U have the same, I can do this as a Lawyer.

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