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What is the procedure for filing a child custody case.


20-Dec-2023 (In Child Custody Law)
Hi I am residing in ghaziabad and my son has been taken by my wife to her parental place in delhi. In case I need to file a child custody case under which court jurisdictions will apply to it. Ghaziabad or delhi. Thanks
Answers (5)

Answer #1
938 votes
The jurisdiction will be the place where the child ordinarily resides ..provide the full disclosure of facts so that proper guidance related to that issue will be provided to you
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Advocate Sanjeev

Adv. Sanjeev

LawRato Delhi | 100+ Answers
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Answer #2
857 votes
Preliminary opinion: the test of jurisdiction in child custody case is "ordinary residence of the child" , which in your case is delhi. We might also have a possibility of filing the custody petition in Ghaziabad if custody was decided by the family court there. You need to consult and we can move a petirion under Guardian and Wards Act for the custody. For comprehensive opinion need following: 1. Divorce if done or under progress? 2. Custody settlement if any. 3. Parent court which decided the above mentioned issues. 4. Age and educational institite with location.
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Advocate Ramaditya Tiwari

Adv. Ramaditya Tiwari

LawRatoDelhi | 100+ Answers
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Answer #3
508 votes
You can approach the LD family court with a petition relating to the custody of the child and the jurisdiction of the same can be in Delhi too since one of the party stays in Delhi, hence the same can be filed in Delhi.
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Advocate Harshit Jain

Adv. Harshit Jain

LawRatoDelhi | 100+ Answers
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Answer #4
940 votes
I suggest you to file case for custody in Ghaziabad Court later on your wife may or may not transfer the case to Delhi but you can take chance due to some judgements of Supreme Court your case maybe transferred to Delhi again for that purpose you don't have to file a separate petition If your case get transferred
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Advocate Siddharth Dev

Adv. Siddharth Dev

LawRatoDelhi | 25+ Answers
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Answer #5
932 votes
in case of child custody case , jurisdiction of the court will apply where at the time of filing the case child is staying and to grant the custody, the court will see where the welfare of the child is greater.
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Advocate Adarsh Kumar

Adv. Adarsh Kumar

LawRatoDelhi | 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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Comments by Users

Govind Rao
I have a girl child (8 yrs) presently under custody of her mother since 3 yrs, Divorce case is pending in Court Since 2 yrs, Can I file a case for interim custody of my child till decree of Divorce?.

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