LawRato

Want to apply second motion in tees Hazari court


01-Jun-2023 (In Divorce Law)
We have done first motion with mutual consent. I have an daughter age 13 years and mutually it was decided that child will be with father. We are paying alimony of some amount to her. Now I have to file second motion but I have doubt that court will decide custody according to the mutual understanding mentioned in paper ? Or custody can go to my wife also? My wife doesn't want her but in the first motion judge said that custody will be decided by the court only. Please suggest me I don't want to lose my daughter. Please suggest
Answers (3)

Answer #1
705 votes
the custody of the child can be mutually decided amongst yourselves. the mother is definately the natural guardian till the child attains 18 years of age. but if the father is better capable of taking care of the child, there should not be any issue for the court to give the custody of the child to the father, especially if the parties mutually decide so.
Helpful? LawRato LawRato
Answer #2
530 votes
The court may grant child custody in your hand due to during mutual consent divorce wife has been agreed for give child custody. Further, You may file an application for child custody. please call for further consultation.
Helpful? LawRato LawRato
Answer #3
616 votes
If wife doesn’t want custody of the child, court will naturally look for the welfare of the child and the custody will remain with the father as the father is also a natural guardian of the child, father just has to show that he is capable enough to take care of the child.
Helpful? LawRato LawRato

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?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."