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child custody incase of staying separately
12-Jul-2023 (In Divorce Law)
What should I do if my husband and I recently separated and he wants the 4yr old child (boy) to be moved to him (in law's residence), I haven't stopped him from visiting my house or video calling the kid, and now the husband says he'll go to court to have the kid be physically present with him? Amidst several marital difficulties, I moved to my parent's place in another state; I don't own any property in my in-law's place. Also, due to covid, I was unable to travel and rent a place there; I do want my child to have physical contact with his father, but I do not want to send him with my in-law's where MIL, who earlier said that she cannot care for our child. They asked me to quit my career to care for the child and not consider other options. I tried, but they weren't listening, so I ended up coming to my parents' place. He has now sent me registered letters and stated that if the child is not sent to the in-laws by this period, he will take legal action. Can my hus take my 4yr son?
As the facts stated above you have a son aged 4years. As per law, if the child's age is less than 5 years, the mother can claim for physical custody and the father can have visitation rights . As The Indian Law , while keeping in mind the parents right to the custody of child, holds the welfare of a child as the most important factor of consideration when deciding upon gets the custody of a minor child. Welfare of the child means: safe keeping of the child, ethical upbringing of child, good education to be imparted.
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Adv. Ayantika Mondal
Bangalore / Bengaluru | 5+ Answers
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Dear Madam,
You will get your child permanently and it seems your husband blackmailing on the ground of child custody. If you have sufficient financial sources then you will get permanent custody of your child. First take the child with you and join some job. Child custody case is to be filed where child ordinarily resides.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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