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Want to have Child custody or visitation rights
28-Oct-2024 (In Divorce Law)
I am a divorced NRI with an ongoing 498a case. My wife has filed a case under "guardian and ward act, 1870; section 7". She wants sole custody of my daughter (she is a US citizen) in order to re-issue daughter's passport. I don't want her to have sole custody and I am in the US right now. What are my options?
Respected sir
I have dealt with similar cases as yours. In order to negate her claims, you must come up with a strategy to showcase that the welfare of the child is with you and not with her. The welfare is manifolded which can be bifurcated into education, healthy environment, good peer group, futuristic approach of the parent having custody, etc. It is pertinent to mention that the willingness of the child can also play a vital role in deciding the petition. If you are able to work around it, I reckon you could secure her custody with you, sir. However, you may consult me in that regard.
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Adv. Puneet Srivastava
Delhi | 700+ Answers
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you can oppose the sole right of custody, If child is in your Custody then you dont need to be tense, the main purpose of this act is welfare of child , if you have sufficient source of income to provide better life and education , court never allow custody
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Adv. Mukesh Kumar Sah
Delhi | 200+ Answers
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Would be prudent for you to Seek a detailed legal Consultation from a Lawyer having expertise in matrimonial laws. Do seek an appointment brief him and act as per the advise of the lawyer only. Do engage him to represent you before the court of Law in a child Custody matter. You have options to have a joint Custody or have a visitation rights
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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For now, the immediate measure you can take is filing a habeas corpus in the high court so that the child is produced before the court and make submission of your interest to be in the child’s life. There are of course other things to be considered of the cases that is going on in the lower courts and how to navigate through it. Nonetheless, the immediate step can be filing the habeas corpus. If you be interested in how to go about it, you may reach out to me.
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Adv. Y Asenla Pongen
Delhi | 25+ Answers
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You can fight the case and show how you are a better parent to your child, how you can create a better future for your child, and try to convince the judge that the child Will be more happy with you, throgh the pleadings.
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Adv. Karishma
Delhi | 50+ Answers
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