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Child custody right of 1 year old daughter after seperation


03-Jan-2023 (In Child Custody Law)
We are married for 5yrs and have 1 year old daughter. My husband and in-laws have done mental torture on me all these years. I am a working woman and they are interetsed in my money and not me. So I want to file DV case. After seperation where will the custody of my child go to?We have a joint account where my husband has forced me to keep some money. Now I want those money back. Can I get them back?
Answers (2)

Answer #1
645 votes
Good Evening, before answerinf your queries and advising you something fruitful, I have some queries as well as comments.
1. Generally if the child has attained 5years of age, the custody goes to the father, but at the same time the law provides alternate accomodation to mother. For that I need to see the income of both the husband and wife. Besides, there are other factors to be seen as well.
2. Regarding the joint account, you can get the money but indirectly. But for that also, I meed to see and peruse the details of the account.
Answer #2
930 votes
Withdraw the money from bank without giving any hint to your husband about your filing DV case. As per law your 1 year old female child's custody will go to you. You are a working lady and is capable of taking responsibility of your daughter.

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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