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I conceived through donor IVF where my husband is the biological father. I gave birth to twins. Sinc


13-Feb-2023 (In Divorce Law)
I conceived through donor IVF where my husband is the biological father. I gave birth to twins. Since I don't get along well with my husband, I want to get separated but he threatens that he will take custody of both the children. My children are 20 months old. Only One is on breastfeed. nI earn more than him and can give a quality life to my kids. Can I get custody of both the children?
Answers (2)

Answer #1
563 votes
Generally, court prefers mother over father for giving custody of children if they are below 5 years of age and require mother's care. In rare cases the custody of children below 5 year may be given to father if mother is not capable to take good care of the children. In your case as you said that you are capable of giving quality of life to children then you have show this fact to the court if husband files for custody of children. But you have to give access to your husband to meet the children as per the directions of court.
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Advocate Mukesh Vasant Shinde

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Answer #2
591 votes
Hello, till your children turn 8 years of old as per law, custody of children remains with you and your husband cannot claim the custody of them. To get separated from him you have to file a Petition for Divorce and ask for dissolution of marriage against him in family court.
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Advocate Harshad Garud

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