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Child legal custody of kid after exparte divorce
13-Feb-2026 (In Divorce Law)
I have been granted exparte divorce in july 2024. I have a kid who us living with me after separation and its been 5 years his father has never visited us. All his responsibility is taken care by me and i have also not claimed for any child maintenance. My divorce order has no mention of child custody. I want to know that do I need to file for a legal custody of child as i am planning to settle abroad in future will it create any issues without taking a legal custody of child?
Since you plan to move abroad, obtaining a Sole Legal Custody order is essential. Without it, you may face visa rejections or travel blocks requiring the father's consent. Your 5-year history of sole care is strong evidence. Consult a lawyer to secure your relocation rights now.
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Adv. Anurag Bhatt
Allahabad | 700+ Answers
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You have mentioned in your problem that you have been formally divorced from your husband and it has been 5 years since the divorce and you have a child who lives with you. During the period of 5 years, your husband never came to see you or your child nor did he take any responsibility for their upbringing. Now you wantIn such a situation, you can get custody of your children from the court due to which youYou still have some options, after divorce, you can also take maintenance for your children from your husband and as it is legally known that the natural guardian is the mother of the children for 7 years, so if you feel that any problem will arise in the future, then you can approach the family court for the sameCan file a case for custody of children
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Adv. Rajeev Kumar
Bijnor | 700+ Answers
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no need to take any legal custody because you're the natural guardian and mother of your child. only the condition applies for your husband if he wants custody of the child then he needs to approach the court for legal custody.
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Adv. Satish Bhati
Greater Noida | 400+ Answers
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ex parte divorce of the party legal custody of the child can be with the mother until 18 and then she could be transfered wherever divorce order legal custody of the child can be given to you in future
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Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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child aapke pass hai present time me ,aur abhi tk koi claim udhrse aapke husband k tarfe nhi aaya hai ,to aap apne tarfse child coustdy ka case karke apne liye musibat Mt lijiye,,aapke husband custody case krte h agr to usko contest krke final custody le sakti hai, aur coustdy case pr knowledge k liye contact kar skti h aap hme ,
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Adv. Sushmita Mishra
Lucknow | 5+ Answers
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