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Can you file for Child Custody without Divorce
27-Jan-2023 (In Child Custody Law)
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.
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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Adv. Swapan Kumar Dutta
Durgapur | 25+ Answers
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What is inappropriate co parenting?
When a parent is not supportive of their partners relationship with the child, it is considered inappropriate co-parenting. You can stop inappropriate co-parenting before it harms your children by recognizing the signs. Visualize your schedule. Write down your parenting plan.
Can visitation rights be denied to a father in India?
The other parent should have enough visitation rights, even if custody is granted to only one parent. This will ensure that the child remains in contact with the child. If a parent is denied visitation or contact with their child, there must be a reason.
How long should a 4 year old be away from mother?
How long can a 4-year-old be away from his mother?
Can a mother stop a father from seeing child in India?
What is Child Custody? Both parents in India have legal rights over the child. The mother is allowed to have visitations and has the right of raising and caring for her child. The father also has the same rights to raise his children and to care for them, but he does not have a right to visitation.
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.
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Adv. Aniket Joardar
Krishnanagar | 100+ Answers
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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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Adv. Debangshu Dinda
Kolkata | 25+ Answers
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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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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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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.
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