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Seeking Child custody in a mutual divorce case.
26-Apr-2023 (In Child Custody Law)
We have filed mutual divorce in dwarka court in jan and done with the first motion.I am the wife and i gave the custody of my one year old son to my husband as his parents stay with him and my parents are in kolkata and i do a mnc job wid odd shift timings.Now i got a job in kolkata and my parents can take care of my child.So i want to take the custody of my child.our second motion is in july.What is the procedure ?do i have to give any legal notice .is it still in my hand to get the custody of my child or discretion of court .pls note our 1st motion is done not second motion
yes you can still claim custody of your child, however, this might result in you contesting the divorce since your husband may deny signing the second motion on this ground. Try to ask him to handover the custody, if he does not agree, then you have no option but to contest the divorce.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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It is technically difficult to get custody of your child now, considering you would have made a statement waiving custody rights. Now the only option available is (a) to talk to the other side if they are willing to give custody in the best interests of ht child or (b) to rescind the settlement with all accompanying consequences as may be recorded in the First Motion Statement/ Memorandum of Understanding.
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Adv. Anuj Handa
Delhi | 25+ Answers
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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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