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Sole custody status for Unmarried woman
18-Jul-2023 (In Child Custody Law)
I have a baby boy 6 months old. Our marriage is not registered. I need to know process for getting sole custody. Is there any chance that the guy can claim the baby back? What is the procedure for this?
Hello Firstly have you applied for divorce? your husband will not have right to claim your baby. The sole custody of baby is yours, he will be having visiting rights and you have chance to claim maintenance for your baby also.
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Adv. Soumil Kandukuri
Hyderabad | 25+ Answers
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Dear Client,
Whether your marriage was celebrated according to customary rites and ceremonies. If so it is your husband who is the natural father of the boy. Whether you have financial capacity to look after that boy. If marriage is not registered, only on that ground it cannot be said that it is not a valid marriage. As a natural guardian he can claim legal guardianship and custody of that boy. You both have equal rights to claim legal guardianship. If he proceeds to claim legal guardianship you can restrain him from taking custody of the boy. Take Legal assistance, if files any petition to claim legal guardianship.
Whether your marriage was celebrated according to customary rites and ceremonies. If so it is your husband who is the natural father of the boy. Whether you have financial capacity to look after that boy. If marriage is not registered, only on that ground it cannot be said that it is not a valid marriage. As a natural guardian he can claim legal guardianship and custody of that boy. You both have equal rights to claim legal guardianship. If he proceeds to claim legal guardianship you can restrain him from taking custody of the boy. Take Legal assistance, if files any petition to claim legal guardianship.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ 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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