LawRato

Child Custody For My Daughter Whom My Wife Has Taken Away With Her


11-Apr-2023 (In Child Custody Law)
My wife has taken my 9 years daughter with her and she is not allowing me to meet her. I have just filed a section 9 petition for which the hearing is yet awaited. As my wife already has physical custody of my daughter, can she still file a petition to the court to get sole custody for the daughter? As I have not yet applied for divorce, can I still file a petition to get sole custody of my daughter or can I only do that only after I have filed for a divorce or judicial separation?
Answers (3)

Answer #1
727 votes
hello client as i can see your issue is important . yes you can get your daughter sole custudy of your daughter without evwn filling for divorce seperatiin is not mandatory for child custudy. as i can see your issue mentioned here do not worrg
Answer #2
980 votes
you can file a case to seek custody of your child. your wife can not stop you from meeting your daughter as you have a right to .eet your daughter. Stull I she doesn't allow you, then an interim application can also be filed in which you will get the meeting rights with your daughter till the decision of the case.
Answer #3
862 votes
You can file for the custody of the child as per law. Divorce is not mandatory to seek custody of the child. The court only sees the welfare of the child and if you able to prove the best welfare of the child in your custody the court can proceed in your favour. For any further legal assistance please feel free to contact

Thanks

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."