Full custody of child if husband is not real father of child

Question

Full custody of child if husband is not real father of child

17-Oct-2023 (In Divorce Law)

Can woman get full custody after mutual divorce if an ex husband is not real father to a child.. what can be done to get full custody..

Answers (5)

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Adv. Shivam Chaudhary Adv. Shivam Chaudhary

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Advocate Rajesh Kumar LawRato · Accepted Answer · 2023-10-17T18:01:32+05:30

Answer #2

yes women can get full custody of the child depend on many factors child is male or female. character of the husband ,earning and well-being of the child. yes women can get full custody of the child depend on many factors child is male or female. character of the husband ,earning and well-being of the child.

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Advocate Jitender Singh LawRato · Accepted Answer · 2023-10-17T20:24:38+05:30

Answer #3

Usually in mutual divorce the terms and conditions regarding the custody and care of the child are mentioned. And if one party needs the custody of the child then he/she has to apply for the same in the family court. Full or partial custody will depend upon the discretion of the court after seeing the overall wellness and welfare of the minor child.

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Advocate Puneet Srivastava LawRato · Accepted Answer · 2023-10-17T21:28:18+05:30

Answer #4

Definitely you can go ahead and file a guardianship petition in the family court of your concerned jurisdiction and chances of winning your case are very high if your husband has not adopted him legally. Moreover the child and his rights are independent of mutual divorce settlement. Feel free to consult me.

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Advocate Pratima Sharma LawRato · Accepted Answer · 2023-10-18T14:27:27+05:30

Answer #5

Yes she can definitely ask for custody of the child if there is no such condition was put by the parties regarding custody of child in the mutual divorce petition . For the same you will have to file a custody case in court.

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Adv. Pratima Sharma Adv. Pratima Sharma

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