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minor custody issue in contested divorce


25-Jan-2026 (In Divorce Law)
I have been in an abusive marriage and officially separated from my husband from 3 yrs.We have a child 5 yrs old and has seen his father just once after separation that too bcz of court order..He hasnt tried to contact him or meet him even once and was staying separately after her birth. had multiple affairs, addiction and violent behaviour. case is ongoing but court hasnt granted visitation and my son's custody is with me for 5 yrs,i have been taking care of all her needs
Answers (4)

Answer #1
832 votes
Child’s welfare is paramount. Since mother has custody for 5 years and father failed to exercise visitation, custody should continue with mother. Seek modification to supervised/fixed visitation, no overnight access, and protective directions if harassment/violence persists.
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Advocate Mrunmayi Kotawadekar

Adv. Mrunmayi Kotawadekar

LawRato Mumbai | 100+ Answers
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Answer #2
686 votes
then what is the quation which query is there you have order sons is of five year all is clear then for what you are here mam pls explain that query for whaat you are here there is nothing to give legal exaination
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Advocate Irfan S Patel

Adv. Irfan S Patel

LawRatoKolhapur | 100+ Answers
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Answer #3
694 votes
Courts prioritize child’s welfare. Since father abandoned, has violent history and no bond, you can seek permanent custody and oppose visitation. Continue documenting care, abuse, and neglect to protect your child’s best interests.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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Answer #4
803 votes
File a separate custody application under: Section 26, Hindu Marriage Act, or Guardian and Wards Act, 1890 Court may pass interim orders quickly for the child’s stability 5. Important Legal Points Custody is never permanent – it can be modified later Even if divorce is pending, custody orders can be passed anytime Denying visitation without court order can go against you
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Advocate Prashant Gupta

Adv. Prashant Gupta

LawRatoMumbai | 50+ Answers
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