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Child custody in favour of mother - Need advise on the legal proceeds


03-Sep-2023 (In Divorce Law)
My sister got married in Jan 2020, but due to sexual harassment, she has come to parents house in Nov 2020, during that time she was 2 months pregnant, her entire medical exp was taken care by own elder brother, single exp was not intended by her husband or his family. After baby born, entire care of financial exp of the baby was taken by his brother/elder sister. My sister and her husband are separated for almost 21 months. Please tell us exactly who will get the child custody will be with mother if not applying for a divorce/Legal separation. What is the thing exactly we need to proceed to get child custody with mother alone and separation from husband without divorce. Please help
Answers (2)

Answer #1
935 votes
There is no need to worry. Child custody will remain with the mother and the husband has to file a child custody case if he wants custody of the child. He has to to have strong reasons for the same and based on the said facts the husband will not be able to get the custody. May be visitation. Your sister can apply for legal separation, not divorce.
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Dr. S. Diraviam Dinesh

Dr. S. Diraviam Dinesh

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Answer #2
507 votes
sir, hope you are good until the age of 7 years mother gets the exclusive right over the children where the court may pass order such that father may visit in specific days and can spend some time. but after the age of 7 it is the children's choice to be either with mother or father. a GWOP should be filed before the court.
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Advocate Adhithyan C

Adv. Adhithyan C

LawRatoCoimbatore | 100+ Answers
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