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Can i get child custody after her 5 years of age, please give me the p


08-May-2026 (In Divorce Law)
Can I get my child custody after her 5 years of age
Answers (5)

Answer #1
738 votes
If you are asking from the perspective of father you can have the custody. The courts looks over strict legal presumptions, assessing factors like emotional bonds, schooling, and stability to determine the primary caregiver. The primary look out is stability and emotional support which can be a determination factor for custordy. Child custody laws are complex and depend on individual circumstances. It is recommended to consult a family law attorney.
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Advocate Sankha Subhra Dutta

Adv. Sankha Subhra Dutta

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Answer #2
869 votes
Yes you can. You have not mentioned whether you are the mother of the child or father, but however, in both the cases you can get the custody of the child till she attains her majority. Obviously there are other conditions to satisfy.
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Advocate Ritam Banerjee

Adv. Ritam Banerjee

LawRatoBarasat | 50+ Answers
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Answer #3
774 votes
Generally, the custody of minor children goes to the wife after divorce. But being the father, the husband can also seek meeting or keeping the child by court order. For this, the husband needs to apply through court by lawyer. After hearing the grounds of legitimate requirement for the such application, the court decides for granting permission.
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Advocate Dhrubajit Karmakar

Adv. Dhrubajit Karmakar

LawRatoSiliguri | 25+ Answers
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Answer #4
721 votes
firstly i cannot understand whether you are the father or the mother and until and unless i get to know the facts and circumstances of the entire situation it will be difficult to give apt suggest at best interest of you benefitting you
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Advocate Aveek Bose

Adv. Aveek Bose

LawRatoKolkata | 1000+ Answers
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Answer #5
687 votes
You may seek custody of your child after she attains 5 years of age, but custody is not granted automatically. The Court always considers the welfare and best interests of the child as the paramount factor. If you can demonstrate that you are financially stable, capable of providing proper education, healthcare, emotional support, and a better environment for the child, you may file a petition for custody or visitation rights before the competent Family Court. The Court will examine all relevant circumstances, including the child's welfare, living conditions, and the conduct of both parents, before passing any order. It is advisable to consult a family law advocate with the complete facts of your case for proper legal guidance and representation.
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Advocate Atanu Patra

Adv. Atanu Patra

LawRatoKolkata | 50+ Answers
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