Child custody to father if mother Is unstable

755 votes

Hi, you have not disclosed weather you want to give divorce to your wife too..still you can ask for custody of your child on case if you are staying separate from your wife.
You will have to file custody petition in family court.

Advocate Ruchi Singh LawRato

597 votes

Hi. Sorry to hear about your issue. This seems like a divorce, custody on grounds and claiming of rights. We can help u with this by way of legal notice or filing criminal or civil case. We can discuss over a call at time convenient

LawRato LawRato

553 votes

Hello Sir!
As a general rule of law custody of minor child up to 12 years age goes to his mother. But looking into your case, court may grant custody of your child to you if we successfully prove vhimsical behaviour of your wife.

One more thing, while granting custody of child to any parents court will ask your child his/ her wish i.e. with whom child want to stay.

We will have to put case very cautiously. It is rare but not impossible. You can get custody of your child.

After granting you child's custody, court may grant visitation rights to your wife means her right to visit her child once or twice a week.
You will have to put up properly who will take care of your child when you are at work and how?

there are many questions of like nature that court may take into account. If you want to file petition plz let me know.

thank you.

Advocate Shweta Joshi LawRato

714 votes

what is the age of your daughter? Is she willing to live with you and away from her mother? How many months or year you are residing separate from your wife? Answer these questions and I'll give you proper advice.

Advocate Mohd Atik Iqbal LawRato

987 votes

If she is abusive then you should file divorce petition on the ground of mental cruelty. Also simultaneously you should apply for the custody of your daughter on the basis of same ground showing that her future is not good with her.

Advocate Manoj Mulchandani LawRato

861 votes

hi

in this case you can directly done custody petition under guardians and wards act for custody of child.

wherein you have to prove the inability to of your wife to maintain your child and she being abusive is harmful for child's well being

child's welfare is paramount interest of justice therefore the case is decided according to this priciple

Advocate Rohit Shaligram LawRato