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Christian by religion - question from mother


12-Apr-2023 (In Divorce Law)
Divorce by mutual consent in 2018 - child custody with father - but now father married to some other person- can the custody be transferred to mother? (Present age of child is 11 years)
Answers (6)

Answer #1
722 votes
Yes, it can be transferred. But the grounds for claiming his guardianship have to be very strong as the father is abusive or the kid's stepmother is not taking care of the kid plus the willingness of the child is also something that needs to be considered while filing a guardianship petition. It must be noted that the rights of a child can't be affected by any settlement between husband and wife even through mutual divorce and the welfare of the child is paramount. Contact me for further discussion.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRato Delhi | 700+ Answers
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Answer #2
891 votes
you can file a suit for custody of your child.. may I ask you ..your child is a boy or girl? ……reply me ASAP, then I will tell you the best solution for the custody of your child ..I need proper detail of your mutual divorce order , your present condition and also your ex husband condition
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Advocate Neeraj Kumar

Adv. Neeraj Kumar

LawRatoDelhi | 25+ Answers
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Answer #3
626 votes
hello client as you have mentioned the issue above . to answer this question i need to go through you mutual divorve decree as well as order sheet of the court as the must have mentioned theconsitions on which court have accepted the mutual divoce so tht the ground of the . then only i can help you futher.
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

LawRatoDelhi | 1000+ Answers
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Answer #4
840 votes
Yes custody is never permanent with change of circumstances as in ur case new wife The party not having custody can approach the court and claim custody and interest of the child is paramount so u can seek the custody of your child now from the court
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Advocate Madhu Tyagi

Adv. Madhu Tyagi

LawRatoDelhi | 200+ Answers
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Answer #5
659 votes
yes the mother can have the custody of the child if the father is remarrying and if the father does not have any objection for the same and even if he has the objection then also you can file a case against the father seeking the custody of the child...most probably you will get
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Advocate Kanika Singh

Adv. Kanika Singh

LawRatoDelhi | 50+ Answers
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Answer #6
839 votes
After your settlement you can’t claim child rights in standard format ! However, if you show to the court that welfare of child with father is not in good conduct only then it may assist you to get the custody ! You need to hire expert advocate in this regard ! Plz b in touch
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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