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In a mutual divorce who keeps the custody of the child


11-Dec-2023 (In Divorce Law)
Dear, My cousin bother, he is in mid of 30's. having kid about a year old. as of now he is separated from his wife and kid, they are planing to have mutual consent divorce. and would like to know about child custody rights after 5 years, and at 9 years. he is not interested in neither taking joint custody nor visiting rights until 9 years. he personally feels it may lead to one more addition in unresolved. I was insisting him to take full custody, after 5 years or earlier than that. because I feel, considering the kids future on her remarriage if so. what is your opinion based on your experience. what are the factors, should he consider as predominant terms. while drafting mutual divorce petition regards 
Answers (4)

Answer #1
81 votes

In mutual divorce, child custody is generally decided by the mutual approval by both parties, however, if it is required, the court may intervene. It is important to note that welfare of the child is of paramount importance while deciding child custody matters. You can read more about child custody here or contact me for further information. 


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Answer #2
650 votes
In Divorce by mutual consent, child custody conditions has to be incorporated and such conditions should be in the interest and welfare of the child.



































If not interested in joint custody, seek individual custody for a period .
Answer #3
847 votes
Hi madam/sir. Mutual mean you will be decided for all terms and conditions madam after that only the petition is file in court so first you decide you want child or not if you want child mean you have adjust some one
Answer #4
774 votes
In mutual consent the parties should decide mutually that whom the custody is and what is the visitation rights of the other party who has no custody. these terms are to be mutually decided and no law regarding this prevails when the custody is decided by mutual consent.

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.

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