Who will get the child custody if husband does not stay in India
15-Dec-2023 (In Child Custody Law)
Muslim married since Early 2003, do to my unfaithfulness in the past my wife wants to divorce me as she has not been able to forget and forgive. The incident took place virtually over net chats and no physical involvement. We have a 3 year old son. I live in the Middle East currently where my wife was living with me till recently and went back home to Bangalore last month. I would like to understand the custody terms of our 3 year old son. I’m very well settled with a good income paying job and my wife does not have a job and her family is not well to do. If she divorced me, am I able to demand my sons custody? As I can provide him good care, education and life. Please help me.
Sir, the custody laws set upon to decide who owns the custody of the Child/Children entirely depends on the Overall Well being of the Child in question. It could some times be the Courts discretion, and also the choice of the kid if the Judge feels the kid is in a state of mind to decide its choice.
Well, your son being very young at 3 years now, there is all likely possibility that the custody would be given to the natural Mother as it is presumed, practiced and courts have laid the precedent, that kids of tender age up to about 5 to 7 years have to be with natural mother unless such mother is dead or voluntarily disowned the kid. However, it is not a hard n fast rule to decide that you cannot obtain the custody now. If you can establish the incapability / incapacity of the natural mother to provide good and expected sustenance/requirements/care for the kid, you have all chances of owning the custody even now. If not owning the custody, then you can and for that matter, any parent can request for visitation rights of the kid without disturbing the natural growth and mindset of the kid.
Your case seems to be strong to succeed the custody of your kid, if you can establish your wife's unfaithfulness and comparative incapacity as you have stated in your query.
Well, your son being very young at 3 years now, there is all likely possibility that the custody would be given to the natural Mother as it is presumed, practiced and courts have laid the precedent, that kids of tender age up to about 5 to 7 years have to be with natural mother unless such mother is dead or voluntarily disowned the kid. However, it is not a hard n fast rule to decide that you cannot obtain the custody now. If you can establish the incapability / incapacity of the natural mother to provide good and expected sustenance/requirements/care for the kid, you have all chances of owning the custody even now. If not owning the custody, then you can and for that matter, any parent can request for visitation rights of the kid without disturbing the natural growth and mindset of the kid.
Your case seems to be strong to succeed the custody of your kid, if you can establish your wife's unfaithfulness and comparative incapacity as you have stated in your query.
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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