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Getting divorce and who take a children custody
02-Dec-2023 (In Divorce Law)
I would like to getting divorce ,i have two children ,male -5 female-8 ,but my husband said only father's is a take a both custody. But my children are my life .so what do to?-Hindu marriage
Actually father and mother are natural guardian...being mother of the children, you have the right of asking for the custody of children even though your divorce petition is pending before the court...If your husband gets remarried, your husband does not have the right of keeping the children with him..Still you have the right of children custody...
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Adv. Mohamed Kassim
Chennai | 25+ Answers
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Madam, what your husband said is not correct according to law. mother is the first natural guardian. you can file divorce petition and also maintenance case to maintain the children and for you also.
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Adv. Dinesh Kumar C
Chennai | 25+ Answers
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Joint Physical Custody: A new concept that has evolved while negotiating divorce settlements. Both parents will have legal custody, but one will have the physical custody (child resides with him or her) and will be the child’s primary caretaker.
Sole Custody: One parent has been proven to be an abusive and unfit parent and the other parent is granted custody.
Third Party Custody: Neither of the biological parents are given custody of the child. Instead, the child custody is granted to a third person by the court.
The Guardians and Wards Act, 1890 is the universal law pertaining to issues involving child custody and guardianship in India, regardless of the child’s religion. However, under secular principles, India also sanctions laws pertaining to different religions.
Sole Custody: One parent has been proven to be an abusive and unfit parent and the other parent is granted custody.
Third Party Custody: Neither of the biological parents are given custody of the child. Instead, the child custody is granted to a third person by the court.
The Guardians and Wards Act, 1890 is the universal law pertaining to issues involving child custody and guardianship in India, regardless of the child’s religion. However, under secular principles, India also sanctions laws pertaining to different religions.
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Adv. Raghuraman Balaji
Chennai | 500+ Answers
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