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Query about custody of daughter in divorce case
29-Apr-2023 (In Divorce Law)
My sister wants to file a divorce case in court. She has a 24 month old daughter. We don't anticipate the husband to fight for custody right now but she is worried he might later fight for custody with her a few years down the line when her daughter is older. Can we get any legal assurance from the court at the time of divorce to make it difficult for the husband to file for custody later (maybe like an affidavit signed by him giving up custody forever if we don't contest divorce now)? Thanks!
As per law mother is the natural guardian of child till the age of 18 years. Court can give only visitation rights only to the husband. if we take divorce by mutual consent then we can ask permanent custody of the child.
Helpful?
Adv. Sandeep Yadav
Gurgaon / Gurugram | 25+ Answers
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Hello,
As per Guardianship and Wards Act, till the age of 5 years, your sister will enjoy custody.
But to address your specific query, no court can order a permanent restraining order against the Husband for life. The court thinks for the welfare of child there fore it makes a point that child enjoys parents company.
Yes , Husband if he wish can sign affidavit but it too can be challenged later on.
Therefore, nothing concrete can be ordered from court in that respect.
Please call for further clarification.
Thanks
Adv Dr Preeti
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Dr. Preeti Manderna
Panchkula | 400+ Answers
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Dear Client,
Your Sister can file a divorce case by stating her reasons in the petition but the question arises of her husband’s intention of giving the divorce so easily. He has all the right in the world to claim for the custody in the court and he will be heard as well. There can be legal arrangements of provisions which can be done when making or drafting an agreement. You can consult us telephonically or visit us our office for detailed discussion with more facts.
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Adv. Aaditya Bansal
Rohtak | 25+ Answers
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the first thing is that while filing the divorce you must have written about the children which born during the wed lock. And at the time to divorce you did not have prove any thing about custody because the the age of 5 year the child in the custody of in favour of mother. in the whole process i suggest go for mutual concent divorce in which whole the things are clear about the custody of child.
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Adv. Mohit Saini
Kurukshetra | 25+ Answers
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You have to file a custody case or you can also file an application alongwith divorce petition. You can get the full custody if you file earlier than the chances to get costody is more as per the facts of your case, you can take his statement during trial only after he will convince to do so.
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Adv. AK Rohilla
Rohtak | 100+ Answers
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