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Can my daughter come and stay with me


20-Sep-2023 (In Divorce Law)
I have a 7 year old daughter and at present staying with her mother. I am working in sindhudurg and wife in mumbai since April 2022.Both me and my wife are reluctant to change job location and no compromise is in sight. Can I get my daughter to stay with me and enroll her in a school in sindhudurg?Does a father have this right?
Answers (3)

Answer #1
583 votes
you can find an application for custody of your daughter in the court of nearest jurisdiction . the question is whether you and your wife are still married . if you have been happyly married then try to settle dispute among yourself . otherwise you can file a petition for divorce one after that you can file application for custody of your daughter
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Advocate Navid Rashid Mulani

Adv. Navid Rashid Mulani

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Answer #2
973 votes
parents can decide on which parent will have final decision making authority. you may file an application under section 26 of HMA or may file a child custody petition for the appointment of the guardian of the minor child, there is no requirement for the RCR or divorce case, all the cases are separate from each other.
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Advocate Dhananjay Ravikant Gangawane

Adv. Dhananjay Ravikant Gangawane

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Answer #3
787 votes
Well, you guys try to mutually resolve this issue of keeping your Daughter with whom? In case, if you guys cannot mutually resolve, then, either appoint a Mediator or fight a legal battle for the custody of your Daughter before the concerned Family Court in India. Usually, a Wife gets the custody of her Children being a Mother upto the age of 14 years, if you won't prove charges against her of either being in Adulterous Relationship or not having economi c means to take care of Daughter and other charges.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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