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What is the age for girl child to decide with whom she wants to stay
13-Apr-2023 (In Child Custody Law)
hi i got married in 2012 in Christianity but because of physical torture i got separated frm my husband within 3 months. After being separated i got pregnant and now i have 4 yrs Daughter.We are not divorced but we live separately from past 4 yrs. I'm working women and physically and financially I'm taking care of my daughter. I want to ask whether my husband has any rights to take away my child without informing me whenever he wants as I'm not still divorced. Please help me out. What is the correct age given to girl child to decide with whom she wants to stay.
Madam
As you informed that,you are working women and you are taking care of your child.
You husband cant take your child without informing you. He is having right over the child he can take permission for visitation. But he cant take the child without mother permission.
Here, the girl should decide with whom it desire to continue.
As you informed that,you are working women and you are taking care of your child.
You husband cant take your child without informing you. He is having right over the child he can take permission for visitation. But he cant take the child without mother permission.
Here, the girl should decide with whom it desire to continue.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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According to you custody of 4 year child is with you. In case if your husband wants the custody of the child he has to apply to the court for custody.
Regarding custody of the child Court will look into overall circumstances , keeping in view the welfare of the child. Main issues will be the age of the child, boy or girl child , financial status of the spouse to take care of the child. If both are single and working, who has the better facilities to take care of the child and the education of the child. If it is a girl child normally it is the mother who has to take care of the child. Since mother will be in a better position to understands the needs and interest of the child during puberty etc.
Regarding custody of the child Court will look into overall circumstances , keeping in view the welfare of the child. Main issues will be the age of the child, boy or girl child , financial status of the spouse to take care of the child. If both are single and working, who has the better facilities to take care of the child and the education of the child. If it is a girl child normally it is the mother who has to take care of the child. Since mother will be in a better position to understands the needs and interest of the child during puberty etc.
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Adv. N Dinesh Rao
Bangalore | 100+ Answers
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There is no strict rule in this regard, it all depends upon mental condition of child. Usually upto five years mother is entitled for custody of girl child. Why you bother about custody of child let her father take custody.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ 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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