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Pending divorce case and child custody
05-Jul-2023 (In Divorce Law)
Hi experts, nnMy divorce and maintenance case is pending in court and in the mean time my wife has been transferred to other city. So, my question is that right now no one is having a legal custody of a child and my son is 9 years old and studying in class 4. As she has been transferred and working on a different city so can she leave my son with her parents who are above 60 and not in good health or is there any legal provision through which she has to leave the child with me and my mother also above 60 but majorly I work from home so can take care of him. Please advice how to proceed in this matter.
Hi
You need to fight the two cases separately and make your case for getting the child’s custody. Please fee free to get in touch to discuss more about the case in detail.
Regards
Adv. Abhinav Sharma
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Adv. Abhinav Sharma
Delhi | 700+ Answers
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You can file for the custody of the child on the ground that she has left the child alone with her parents rather to the father I.e you, who is the legal guardian of the child. Also this shows her carelessness towards the child. For any further legal assistance please feel free to contact
Thanks
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Adv. Bhawana Pandey
Delhi | 1000+ Answers
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In your case you need to apply for the child custody in the court and argue that your wife has been transferred to different state and their is no one to take care of the minor child. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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for getting the custody of your child you can file a petition under the Guardianship Act and claim custody of your child on the basis of the facts that you have mentioned above.
in order to advice you in a more efficient manner I will have to read the divorce and maintenance petition.
for further queries please feel free to contact
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Adv. Kartik Krishan Sood
Delhi | 100+ Answers
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yes your wife can legally leave her daughter in the care of her parents if she has legal custody of her child.
however you can file an application in court stating that since the wife is now transferred out of the city and her parents are senior citizens therefore it is in the best interest of the child that custody be granted to the father who under the circumstances is in a better position to take care of the child.
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Adv. Kunal Seth
Delhi | 700+ Answers
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