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Procedure to take child custody after filing for divorce


06-Oct-2023 (In Child Custody Law)
My sister has been married for 7yrs. She is a gynecologist by profession. She has 2 daughters and always had a mentally abusive marriage. Her inlaws and husband are very money minded. They want her to earn and give them all the money and then they would not let her spend a penny on herself and her children. She does not want to get dragged into a legal battle. Her husband would be more than fine to divorce her, but they might create issues in child custody. I want to know under which circumstances the court can give the child's custody to the father. Her daughters are of 5.5yrs and 1month respectively. We at no cost want visiting rights with father. My sister does not want any alimony. Do we need to file a case of mental abusive marriage or simply a divorce application can do and she can get both children's custody?
Answers (2)

Answer #1
652 votes
Hi, your sister can file mutual divorce petition in the family court .. the custody will remain with your sister as the children are minor .. However allowing of visitation rights , depends upon the discretion of court ..
Answer #2
555 votes
Hello you can file suit custody with proof and domestic violence ...and and you can file divorce petition....and both cases are run by didifferent court...and in trial u can file an application for a visitation ...

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