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i want to know about child custody of my 5 years old boy


21-Dec-2024 (In Divorce Law)
"I've been embroiled in a divorce case for 4.5 years, with physical custody of my 5-year-old son, who has autism. We're currently disputing alimony, as the court-ordered amount is being contested by my ex-husband. Recently, I've discovered that he may have remarried without disclosing it to the court. Now, he's seeking visitation rights and potentially child custody in the future. I'm concerned about the implications of his potential remarriage on our case and the custody arrangement."
Answers (3)

Answer #1
906 votes
Do seek a detailed legal consultation from a lawyer having expertise in matrimonial matters . Being a Hindu he can't remarry during the subsistence of his first marriage since it has still not been dissolved by the decree of the court. If you have proof regarding the same do place the same on record and file an FIR also for bigamy. Do also file a child custody case seeing permanent custody
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

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Answer #2
589 votes
Hi as far as the custody of minor child is concerned it mostly stays with the mother till the child attains the age of 8 years. The other party has to prove that the same can provide better environment. We can discuss this in detail on call
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Advocate Bhawani Gupta

Adv. Bhawani Gupta

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Answer #3
771 votes
If he gets remarried without obtaining divorce from you then you can file a bigamy case against him but you need to have proof of marriage. you cannot do anything if he is in a live in relationship. Regarding child custody initially it goes with the mother only till 10 years of age . thereafter the husband also have high chances to get the custody citing his higher financial capabilities
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Advocate Vinay Redhu

Adv. Vinay Redhu

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