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About my 9months baby's custady


02-Sep-2023 (In Divorce Law)
My husband wants divorce.can my 9 months baby stay with me?
Answers (3)

Answer #1
855 votes
Yes, your 9 months Baby can stay with you legally. Custody of Minor children usually goes to Mother. Your 9 Months toddler currently needs Breastfeeding from you, your nurture, love, affection & care. Hence, your Husband will not get success in his efforts to separate you from your Baby despite you seeking Divorce from him.
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Advocate Pankaj Bajaj

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Answer #2
729 votes
The question is whether even you want divorce mutually from your husband or you do not want it. In both the cases, your 9 month baby will be in your custody. In case you contest the divorce filed by your husband, you have to fight the divorce and file a separate petition for child custody. On the othe hand, if you do not wish to contest the divorce petition and want to get divorced, you and your husband can mutually decide to keep the custody of the child with you. For further assistance, you can approach me.
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Advocate Rahul Mishra

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Answer #3
638 votes
Dear queriest, if your husband wants divorce and you are afraid about the custody of your 9 months babe which is already with you then no need to worry because as per hindu law In divorce/separation, which parent gets the custody of the child? If the child is below 5 years, the custody will naturally go to the mother (Hindu Minority and Guardianship Act). Only if the court feels that the mother is unfit to take care of the child, the custody will go to the father or another person
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Advocate Dhananjay Ravikant Gangawane

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