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Information regarding Child Custody for Father


08-Oct-2023 (In Divorce Law)
Hi, My elder brother's wife recently moved to her parents' house after admitting that she has an affair with a person who resides in Bangladesh before her marriage to my brother. Now that she wants to marry him, and she wants her and my brother's only son to move with her to Bangladesh. She want to have a mutual consent divorce where we don't have any issues but my brother wants to have his child with him. I would really appreciate if you can please help me with your kind advise and advocation. My brother recently got to know that she is speaking with her lawyer to file a mutual consent divorce. My brother does not have any issues in agreeing to her choice but he only wants his child to be with him as otherwise no one knows what will happen to my nephew if he is taken to that country.
Answers (3)

Answer #1
612 votes
child custody is vexed with many issues including best interest of the child getting paramount importance. in this case since the mother wants to remarry and take the child with her to a different country it would be a strong ground to argue in favour of keeping the custody of the child with the father. moreover since it's a male child the court will be inclined to grant the custody in favour of the father. however it is important to note that any child till the age of 7 years is ordinarily placed under the care of mother for reasons not very far fetched to understand. in anyway your brother do have a strong case to keep the child with him and have an arguable case.
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Advocate Tanmoy Chattopadhyay

Adv. Tanmoy Chattopadhyay

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Answer #2
721 votes
tell your brother to file a child custody case silently let the divorce take it own course and thereafter before she leaves, take restraining order, it needs total homework to execute it simulateneously
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Advocate Aveek Bose

Adv. Aveek Bose

LawRatoKolkata | 1000+ Answers
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Answer #3
507 votes
you can have the custody of the child if the Court allows you as it is mutual divorce it won't take time it will be within 6 months itself if the child is within 6 years then you won't get the custody..
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Advocate Priyanka Singh

Adv. Priyanka Singh

LawRatoKolkata | 1000+ Answers
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