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My Husband and In-laws thinks they have first right on my baby .


01-Sep-2024 (In Divorce Law)
It’s been 8 years I’m married to an emotionally abusive and disrespectful husband and in-laws. Because of this I moved out of my husband house, independently brought my own house ( rent) and have been staying at my place since a year now. My husband requested a lot to come back but I refused . My husband moved in my house , I’ve delivered a baby boy (4 months) ago. My husband and in-laws are taking away my child ,stating I’ve to move in to their house. It’s their heir first. Is it legal for them
Answers (3)

Answer #1
566 votes
No, neither your in-laws nor your husband can claim as a matter of first right to take away your child considering the age of the child. It is always the mother who has the right to keep the child with her upto atleast 5 years of age. Feel free to contact me for seeking any legal advice as regards the same.
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Answer #2
790 votes
Absolutely illegal and unlawful The mothers have the first right over their child. You should immediately file an Application for child custody in Family Court obtaining the custody of your child and restraining your in-laws from taking your child away
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Answer #3
751 votes
Well, on Minor Baby, Mother has the first legal right, considering, she is her Natural Guardian along with Father of the Child. But still, Courts usually assign Custody of the Minor Children to the Mother first.
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