375+ Lawyers are online 
child custody if husband in USA
20-Sep-2023 (In Divorce Law)
My husband is abusing me verbally and emotionally since wedding. I have 6yr old son, who is with my parents since birth as i was busy studying in USA. I am a doctor, he always threatens me that he will take my son away from me. My husband has anger management issues. He blames me for every small issue and asks for divorce. we had register marriage as well . right now me and my son are in India for vacation. In case we decide to get separated who will get the child custody. Please help.
You as mother has first preference... and till child is 7 year old mother is the natural guardian...later both father and mother can get custody under the Guardian & Ward of child Act by filing petition for same... but Hon'ble Courts decide on the issue ...keeping in mind the future of the child and grant custody for its growth and benefit ...either single or joint sharing or can make some other relative as guardian...and worst cases to see that child is not deprived...grant custody to itself or any third responsible Govt. agencies....so that child does not suffer orphaned growth....
Helpful?
Adv. Rajashekhar Kanavi
Bangalore | 25+ Answers
CONTACT NOW
Hi... Pertaining to child custody it depends upon the documents you going to produce in the court. Some time court will order for custody of male child with the father and other part will get visitation rights. If you prove that father is not able to take care of child for any reason you have a chance of getting custody of child.
Helpful?
Adv. Rama Chandra Shenoy
Bangalore | 400+ Answers
CONTACT NOW
Respected
I had gone through your facts and as you stated, your husband has threaten that he is taking away the child from your parents, he is having absolute right over the child more than your parents. In ranking of the Hierarchy of guardianship, your husband will comes next after you.
In case if you personally taking care of the child with you, you have absolute right over the child under the heading of natural custody. But you are at USA. Under such circumstance, your husband having the rights over the child.
BUT, he should approach in the proper way. Regarding the child custody you can adopt legal way. You can contact us through Law Rato. You can go for injunction against him. But he will get visitation right.
Contact us need detail discussion.
I had gone through your facts and as you stated, your husband has threaten that he is taking away the child from your parents, he is having absolute right over the child more than your parents. In ranking of the Hierarchy of guardianship, your husband will comes next after you.
In case if you personally taking care of the child with you, you have absolute right over the child under the heading of natural custody. But you are at USA. Under such circumstance, your husband having the rights over the child.
BUT, he should approach in the proper way. Regarding the child custody you can adopt legal way. You can contact us through Law Rato. You can go for injunction against him. But he will get visitation right.
Contact us need detail discussion.
Helpful?
Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
