Regarding child custody after divorce

Question

Regarding child custody after divorce

19-Mar-2026 (In Divorce Law)

I want a divorce, and I plan to marry another man. However, I do not want to give custody of my daughter to my ex-husband. I intend to keep my daughter with me and take her to live with my future husband. Previously, my ex-husband submitted documents, but there was no mention or agreement about giving custody of the child to him. Now, he has changed the documents and added a condition stating that if I remarry, the child will belong to him. I would like to know if there is any legal solution t

Answers (4)

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue

Connect with a Lawyer

Comments by Users

No Comments! Be the first one to comment.

Adv. Ahammed Faisal Adv. Ahammed Faisal

Thrissur | 100+ Answers

Chat CONTACT NOW

Advocate Sreejith T. V. LawRato · Accepted Answer · 2026-03-20T00:44:32+05:30

Answer #2

A mother’s remarriage does not automatically give custody of a daughter to the father. Courci wased on the child’s welfare. Custody may change only if the child’s safety, care, or well-being is affected. Otherwise, the mother usually retains custody. It alsoA mother’s remarriage does not automatically give custody of a daughter to the father. Courts decide based on the child’s welfare. Custody may change only if the child’s safety, care, or well-being is affected. Otherwise, the mother usually retains custody even if there is a contract. For more details you may contact me.

Helpful?

Adv. Sreejith T. V. Adv. Sreejith T. V.

Ernakulam | 50+ Answers

Chat CONTACT NOW

Advocate Nigi George LawRato · Accepted Answer · 2026-03-25T14:20:23+05:30

Answer #3

the age of the girl child is important. you have to file an original petition for getting divorce. mean while you can file another petition to custody of your daughter. what ever issues you have with your husband you can file petition regards to that. try to get mutual divorce.

Helpful?

Adv. Nigi George Adv. Nigi George

Ernakulam | 25+ Answers

Chat CONTACT NOW

Advocate Sreelakshmi A S LawRato · Accepted Answer · 2026-04-06T20:21:39+05:30

Answer #4

Yes, child custody after divorce is decided based on the welfare and best interests of the child. Both parents have equal rights, but the court will consider factors like the child’s age, emotional needs, financial stability, and overall environment before granting custody. Generally, for young children, custody is often given to the mother, while the father may be granted visitation rights, unless circumstances suggest otherwise. You can approach the Family Court seeking custody, visitation, or even joint custody depending on your situation. Before proceeding, it is important to understand the specific facts involved so that the best course of action can be decided. You may share more details so I can guide you accordingly.

Helpful?

Adv. Sreelakshmi A S Adv. Sreelakshmi A S

Ernakulam | 25+ Answers

Chat CONTACT NOW