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To file a case for Child custody after a gap of 2 years


14-Aug-2023 (In Child Custody Law)
I am Hindu & about to get divorced from husband sooner.My minor son is with him now.Unfortunately,I am in a situation to deny visitation rights for some reason.Can I file a fresh case after 2 1/2 years claiming for custody of child.I can guess that they will prove that I didn't even show interest in visiting him & how to give custody.In that case,can I raise some false reason/plea to explain that question.I'm also worried-my son will be harassed since my husband is likely to get Re-married.Though minor,if my son shows interest to come with when I file that case,will court/judge consider it?
Answers (1)

Answer #1
810 votes
You have to decide whether you want the custody of your child or not. If you want the custody of the child, plead your case before the family court in such a way that the balance tilts in your favour. I guess you have already put forward your case in the petition filed by your husband. So deviating from the counter already filed by you will weaken your case. So approach your counsel for further clarification.

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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