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Consented Divorce & Custody of Kid


06-Dec-2023 (In Divorce Law)
Me & my wife are married for 10 years & we have a 10 year old kid. We both don't share good terms and often fight which also result in physical violence by both the parties. Both of us are working & I am more financially sound as compare to my wife. Since both of us are working, my parents take care of my son and they have raise him from birth. I spend more time with my kids as compare to my wife. I want to understand the chances of me getting the custody of my kid if we file for a Consented Divorce. We have not been close to each other for more than an year as she never allows me to touch her and I have never forced her in this contest.
Answers (4)

Answer #1
960 votes
Dear Client, mother has first right over the custody of child but in some perticular situations custody can be given to father also. If you file mutual divorce with agreement between the parties, i mean to say husband and wife, then you certainly get the custody of your minor son.
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Advocate Manoj Kumar Pandey

Adv. Manoj Kumar Pandey

LawRato Delhi | 50+ Answers
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Answer #2
874 votes
If you are planning for a consented divorce then it will be all according to you and your wife’s mutual consent. And as far as the child custody is concerned the main thing that the court watches is the overall welfare of the child. As you have mentioned that she is not interested in raising the child and since the child is also above 5 years then according to law you are legally entitled to get the custody of your child. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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Answer #3
581 votes
Hi. You can get custody of the child incase it's a mutual divorce by consent. the terms of the divorce are laid down by both the parties and therefore there's no interference by court on this aspect per se. If its a contested divorce then there are many factors that the court will look into like finances, wishes of the child etc. Please contact for a detailed discussion.
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Advocate Akanksha Choudhary

Adv. Akanksha Choudhary

LawRatoBangalore / Bengaluru | 5+ Answers
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Answer #4
507 votes
You can go for filing of mutual divorce where custody of child will remain with you and wife will have weekly visitation rights. This is the best thing which will suit your requirement. Otherwise for a detailed discussion please contact.
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Advocate Ojas Singh Sachdeva

Adv. Ojas Singh Sachdeva

LawRatoDelhi | 25+ Answers
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