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Legal procedure to get custody of child who is 11 years old


29-Jan-2023 (In Child Custody Law)
I am a Hindu and married a Muslim. I have not signed any divorce papers but not living with husband for past 4 years. My daughter is staying with my husband and I have not seen her since separation. She is 11 years old now. Can I file a custody case now?
Answers (2)

Answer #1
570 votes
In your case you should file a case for a divorce and also for a custody of your daugter, for proper suggestion please provide a more detail reagrding your case such as u marriage was court marriage under special marriage or not.
Answer #2
551 votes
Yes, you can file a case to keep your child with you, and if you have been divorced, you can also make a case for taking your child with your spouse and not till the child's age is 7 years old. Till then, it is considered to be safe with his mother, so the child's wish is not asked, but if the age is more than 7 years then the child can go to his mother or his father at his will.

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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