Adopted Child custody if divorce is filed

849 votes

Dear Madam, Since you have adopted a daughter as such you may get full custody of the child and your husband has to pay maintenance to her and alimony to you. Regarding flat if you have paid full amount then you will get a property otherwise amount paid by him may be returned and get full title to the house.

Advocate Kishan Dutt Kalaskar LawRato

527 votes

Under Hindu law, once a child is legally adopted, both adoptive parents hold equal legal rights and responsibilities as natural parents, which means your husband can contest for custody despite the child being adopted. Custody is not automatically granted to the mother; however, since your daughter is only 10 years old, courts generally consider the welfare and best interests of the child, and often favour the mother, especially when the child is of tender age. Your emotional bond with the child, your ability to care for her, and her comfort and stability will play a crucial role in the court’s decision. As for the jointly owned flat, being the first owner does not give you absolute ownership unless you can prove that the entire financial contribution towards the purchase was made by you. In the absence of such evidence, both you and your husband would have equal legal rights to the property. The division of the property, as well as custody arrangements, can be addressed during the divorce proceedings either through mutual settlement or by the court’s decision based on evidence and merits of the case.

Advocate B Sivaram LawRato