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How to get custody of the child without divorce


11-Apr-2023 (In Child Custody Law)
I am working in s/w MNC as project manager in Noida and is a mother of 4 year old son . Working exp of almost 11 years . Currently bein separated for the past one year . Reason of separation husband being into Drugs (Ganjha),alcoholic,adultery and domestic violence being supported by mother in law and sister in law . Now I take complete responsibility of my son and not even asked for a single penny from my husband for the past one year . Recently , he is threatening me of filing child custody case i.e. visitation rights of sat / sun that too in my absence for which I never agreed . As I put condition he and his family can only meet my child in ,my presence because of his bad habits . Please let me know whether he will get the visitation rights in my absence even he is been into bad habits . I have already filed the police complain but not FIR as I seriously don't want my son and myself being into all this . But now he has started threatening me.Noted-He is also a lawyer-pratyush sahay
Answers (2)

Answer #1
633 votes
You are based in Noida? Where your husband is practising? As far as child custody is concerned both parents have right after age of 4 of the child. Nevertheless you have favourable circumstances. You must take action step by step. You told your complaint is not registered. For this first of all get your complaint drafted carefully then submit it. If case is not registered you have alternative remedies for registration of your case. Your husband or his parents can get visiting rights but it depends on the court that on what conditions it grants such right. You must immediately engage a lawyer and discuss all issues.
Answer #2
575 votes
Mam there is no problem till 5 years of ur baby .before that u have to proved in court that ur husband taking drugs and other s things as u mentioned. Bcaz he is also his son .he is legally father. He can go for custudy.

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