Procedure to get child's custody by husband as wife wants divorce
24-Mar-2023 (In Child Custody Law)
My son and his wife have strained relations. Now she wants to go to her fathers home with her two kids and later have divorce. Can she take the kids away from his father at this stage. We are Hindu.
Are the children minor? If yes, then yes the mother can take the children with her as mother is the natural guardian of the minor children. It is better to have mutual divorce and get all T&C clear including custody and visiting rights. Even if your daughter-in-law takes the custody of the children, your son will have visiting rights.
The custody of minor child who is below 5 years shall remain with mother and after that the father is regarded as the natural guardian of the child. Although at the time of granting right of custody of child, the welfare of the child is the paramount consideration that is considered by the court.
Yes, she can take the children away. Generally, law permits the mother to keep the child for various reasons. Until and unless, eventually, you are able to prove that she is not a good or worthy guardian for the children, until then, she will keep the children. At best, you can file for custody and while the matter is going on, ask for visitation rights.
Yes she can. How old is the marriage and their sons? If the kids are more than 7 years of age , father may file for custody of kids. Court may decide on merits of the case in favour of father, if he proves to the court that he’s in a better position to take care of kids and she’s not a good mother.
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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