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We have done first motion with mutual consent. I have an daughter age 13 years and mutually it was d


02-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
607 votes
Dear client, 13 years old child is grown up enough to decide whether she wants to live with father or mother. Considering that the court will decide .please share further details for assistance Thanks ..
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Advocate Akansha K. Magon

Adv. Akansha K. Magon

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Answer #2
871 votes
Well in this case if there is an memorandum of understanding document, signed as you mentioned then the custody will be given accordingly otherwise you can file an application for child custody Thanks
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Advocate Amit Latawa

Adv. Amit Latawa

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Answer #3
734 votes
The court will not interfere if the custody has been decided amicably between you and your wife and it has been stated in the MOU. Please consult your current lawyer and ask him to press upon the same if things go contrary. Also if your wife agrees to give the custody to you then also the court will not go in adverse. However exceptions are always there. Please feel free to contact.
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Advocate Bhawana Pandey

Adv. Bhawana Pandey

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