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Handing over the Custody of child to father but he want court orders


10-Aug-2024 (In Divorce Law)
We have a legal issue of domestic violence already in high court Gujarat. We have a disabled child. He is paying maintenance but I don't want maintenance and want to handover the child custody to him. Since it is hard for raising disabled child alone I want to hand my child to him. And now he don't want child back without court orders. How do I proceed further??
Answers (1)

Answer #1
930 votes
You haven't mentioned if you have filed for divorce or not. It technically changes many aspects, including the inclination of judicial mind, deciding the matter for which you're concerned. further, you've not mentioned as to what medical condition or deformity is your specially abled child is facing? for how long? what are the expenses for treatment and/or routine check-up or medical attention by the experts engaged by you. Further, you've mentioned domestic violence but no mention of any written confirmation whether you've been deserted or your wilfully living separately. To add to the list, the age or gender of your differently abled child is also lacking in the query itself. Therefore, in the absence of such vital information, I'm unable to provide any specific legal opinion on the same. Generally speaking, the matters of child custody of separated spouses are handled by family courts of your local jurisdiction, which is again subject to change of facts. You may seek professional assistance for concrete resolution of the query with all the relevant documents and facts. Feel free to connect with an appointment for meeting. Adv Soham Desai.
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