Can my husband claim the custody of child

842 votes

In general scenario, if the terms of the divorce settlement have already been agreed, he won’t be able to claim custody of the child. However, the courts have stated that welfare of the child is most important so if he has some grounds in his favour that arose after the decree of divorce which are against the welfare of the child, he can file a petition claiming custody.

Advocate Siddhant Jain LawRato

685 votes

Future is very dystopian thing, if your child remains minor in future and your husband seeks custody of your child or visitation right court may consider it and once your child becomes major then ball is in the court of your child.

Advocate Ashutosh Kumar Mishra LawRato

938 votes

dear ma'am. The mutual divorce decree or the settlement on the basis of which such divorce was granted can't affect the rights of the child. Your husband can still file a case for custody, if he has sufficient cause of action to prove so. For more information you may consult me.

Advocate Puneet Srivastava LawRato

854 votes

if he has given it in writing he cannot claim the custody of your child.

if in future he anyways file a case for custody, you will have a strong case against him and you can show the agreement where he has agreed to the term with regards to the custody of the child

Advocate Himanshi Jain LawRato

701 votes

If we talk about filing a petition in the court, then your husband can do it, but it will be almost impossible for him to take the custody of the child specially after giving it in written so you don't need to worry

Advocate Sachin Jain LawRato