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Do I need a lawyer for a child custody hearing?


09-Nov-2023 (In Divorce Law)
I was served custody papers by my wife(we have been separated for a year and half now) I want 50/50 custody of our child and I just need to know what my rights are and if I need a lawyer in this process? We are a lesbian couple that had a child together, as she was the biological parent. Does she have more rights than I do? Should I be worried? She also doesn't have a job and lives with her mother. I have a full time job and I have my own house. Thank you!
Answers (5)

Answer #1
587 votes
In custody cases the prime thing that is taken into consideration is the overall development of the child. If you have got a full time job and also owns a house then you can always claim the 50% custody of the child. You need file a written statement of the custody papers served on you. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
927 votes
Greetings to you. Your case is certainly a complicated case. What we will also need to understand is that was the pregnancy done with the aid of IVF and were you jointly involved with her in the IVF process? We will need proper clarity on this aspect as general circumstances (to the best of my understanding) wouldn’t apply to you. So yes, you will have to engage a lawyer to fight for the joint custody-ship and you would need a pretty good one too as your case is quite different from all the others that we generally deal with. Please do feel free to reach out for any further assistance should you so require. Regards.
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Advocate Khalid Akhtar

Adv. Khalid Akhtar

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Answer #3
787 votes
Yes you would definately require a lawyer to represent you before the court of law in the child custody case. It would be technical so you would be requiring the legal assistance. Age of the child would be considered. since in India till a child attains the age of 5 mother is a natural guardian. However the welfare of the child would be considered while granting custody.
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

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Answer #4
888 votes
Hi You definitely need a lawyer to represent you in court for seeking custody of the child in question Since your situation is little different from the ordinary custody case you can discuss it with further details with me rather on a public forum
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Advocate Madhu Tyagi

Adv. Madhu Tyagi

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Answer #5
762 votes
You need to hire an expert advocate in this regard n we need to know the details written in custody papers ! Everything needs to be according to the order of the court ! What is your jurisdiction ? It seems you r out of India
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Advocate D. Khan

Adv. D. Khan

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