LawRato

How to get the custody of my child


23-May-2023 (In Divorce Law)
i have filied the divorce case aganist my wife.but she doest no abt case.am not ßtaying with her.i have 2.5 yrs daughter.she doesnt allow me to meet and take her to her grand parents house. i just want my daughter to stay with me
Answers (5)

Answer #1
611 votes
seek custody of the child from the court and visitation rights from the family court .make an application to that effect an interim application also in the said proceeding and serve her with the copy .you will have to show the welfare of the child to seek custody and worst u will get visitation rights being the natural guardian
Answer #2
886 votes
Being a biological father u have full right to take care of her but at the same time legally mother will be considered the first care taker till the tender age of 6.I request you to communicate your wife wrt divorce first n resolve the issue of child custody mutually
Answer #3
906 votes
You will not get custody but you may get access to her .
Female child that too so small do not see custody .Nature has it it is mother how so bad she may be but being mother she will protect the child and shall take care of child ,so only ask for Access.
You can not tolerate your own wife for more than 2 hours child is difficult to maintain ,you can give money but not time ,so better drop the idea of custody seek access once a week .
Answer #4
985 votes
You can file a application for custody of child before family court under gaurdiansbip act.
The court will hear both the parties and decide the custody of the child for better upbringing with which parent
Answer #5
796 votes
The Court will see the age of child and will see whether child is a boy or girl.The Court may also consider if you are available to look after child and if you are working,who will take care of the child in your absence . The Court will also consider your financial capacity to take care of needs of the child.Normally the custody of girl child upto the age of 13-14 years is granted to mother and even in case of boy ,the Court may consider granting custody to mother considering the age of the child.You will have to file application for seeking custody and how far allegation made against you by your husband will be held against grant of custody of child to you ,will depend on the Court.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."