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Custody of my children aged 10yrs and 7yrs old


03-Aug-2023 (In Divorce Law)
Me and my husband want to file for a divorce. We have 2 children. 10yr old boy and 7yr old daughter. I am financially independent and take care of both kids. Does the law allow me to keep my children or father has more rights on them. My husband wants to take my son and i don't want that.
Answers (2)

Answer #1
895 votes
If you both are willing to file divorce by mutual consent, you both have to mutually decide the custody of children. If it is a contested divorce, you have to argue for the custody in court. Yes, the law always prefers the mother to take custody and care of the children. Father has right, but the court primarily grants the rights to mother. It is better if you both decide the custody of your son amongst yourselves and then go for mutual Divorce. For further assistance, you can approach me.
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Advocate Rahul Mishra

Adv. Rahul Mishra

LawRato Mumbai | 200+ Answers
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Answer #2
901 votes
You both can file for mutual consent divorce and make agreement and provisions for your children and yourself in the divorce agreement. yes the law permits you as well to have the custody of your children. You both have equal rights on your children.
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Advocate Juhi Qureshi

Adv. Juhi Qureshi

LawRatoPune | 200+ Answers
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