Child custody in case of working parents after divorce.
06-Dec-2023 (In Child Custody Law)
Hi, me and my husband both are working full-time and our son (4 years) stays with our inlaws during the day. We have irreconcilable differences due to which I want to apply for divorce. However, I am worried that they will not allow me to take my son. I want to know in cases like these, who gets custody of the kid?
As per your question age of child is 4 yeas and he stayes with your inlaws. In the case of minor child up to 7 yeas court cant hold the possession with mothr burt here the minor is staying with you inlaws than court generally think about the welfare of child and pass necessary orders.
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As per the law on custody there is only 20% chances to get custody because the court see the interest of child and decide by court that where is the interest of child. So you can take chance to take custody of your child by petition.
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You can get custody of your minor son. You can file case for the custody of your son. Mother gets the custody of the child till the age of 7 years. He is four years old therefore dont worry about the custody of child. File the case for custody and divorce in family court.
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Whoever holds the physical custody of the child amongst husband and wife will have an upper hand, If you can secure physical custody of your child with you first then you can have the benifit of Supreme court's direction of keeping child custody till the child crosses age of seven years. After securing custody with your self you can move a divorce petition under several grounds.
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Custody of a child depends on which parent will serve as a paramount interest for the child as per the Supreme Court judgment.
The status of the father and mother is seen while awarding custody, which in includes a lot of factors.
Feel free for further consultation if required. Thank you.
The status of the father and mother is seen while awarding custody, which in includes a lot of factors.
Feel free for further consultation if required. Thank you.
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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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