Want to claim for child custody after divorce from my husband
20-Dec-2023 (In Child Custody Law)
im a mother of two sons of 5 and 6. if i get divorced now , can i ask for custody after 5 to 6 years. im a hindu
You can file a suit under the provisions of guardian and wards act for seeking custody of your children. That suit will be filed where children are residing. You have to proove that you are capable enough to take care of them.
Dear miss,
Based on the question you have asked, I could make out that you are not divorced as of now . There are multiple factors that affect the custody of a child, including the grounds on which divorce is granted. Generally, if a child is minor, ie. Below 5 years, a mother is considered first custodian . A child's desire is also considered seriously by the court specially if he has attained the age of 9 or more . Also, a boy child's custody is sometimes preferred with a father . However, the court looks into the factual details and decides as per the circumstances . I hope the information is of help to you .
Based on the question you have asked, I could make out that you are not divorced as of now . There are multiple factors that affect the custody of a child, including the grounds on which divorce is granted. Generally, if a child is minor, ie. Below 5 years, a mother is considered first custodian . A child's desire is also considered seriously by the court specially if he has attained the age of 9 or more . Also, a boy child's custody is sometimes preferred with a father . However, the court looks into the factual details and decides as per the circumstances . I hope the information is of help to you .
You cas file a petition under section-26 of the Hindu Marriage Act,1955 or section-25 of the Guardian and Wards Act, 1890 for the custody of your children. Only delay in asking for custody is no ground to dismiss your case. The welfare of the children shall be the paramount consideration.
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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