Custody of child and working women

Question

Custody of child and working women

20-Sep-2023 (In Divorce Law)

If a women is divorced and a single mother too of an infant child . Having sole custody of child and working women too . Can child's father claim custody of child. If the divorce is mutually decided than after father can claim custody of child ?

Answers (5)

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Adv. Rishabh Gupta Adv. Rishabh Gupta

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Advocate Ashish Sharma LawRato · Accepted Answer · 2023-09-20T16:06:11+05:30

Answer #2

As per my advice, if the divorce is grant mutually between husband and wife and all the terms and conditions are mentioned in MoU between both the parties and clearly mentioned the clause regarding the child custody is mentioned then husband cannot claim for custody of child. Further it is only possible when the mother is incapable of well upbringing of child by financially, socially and in every aspects.

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Advocate Pratima Sharma LawRato · Accepted Answer · 2023-09-20T16:24:14+05:30

Answer #3

If there was a mutual divorce then all terms and conditions regarding maintenance , custody of child have to be decided at the time of mutual divorce only. If not decided earlier then father can file a custody case but the result depends on the facts of the case and also age of child.

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Advocate D. Khan LawRato · Accepted Answer · 2023-09-21T07:57:25+05:30

Answer #4

If in your settlement it’s mentioned that you will have the custody of child then your husband can’t claim until you are not capable to handle the child. You need to hire expert advocate in this regard ! B in touch

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Advocate Kunal Seth LawRato · Accepted Answer · 2023-09-21T14:02:21+05:30

Answer #5

father can claim custody on the basis of change in circumstance affecting the well being of the child. usually if the mother is not in a position to care for the child, father can file for custody. should you have any questions please feel free to contact me

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Adv. Kunal Seth Adv. Kunal Seth

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