What are my Chances (GUARDIANS AND WARDS ACT)

550 votes

your chances are high provided i need each and every minute details of the facts and circumstances of the case and your problems so that the court willingly gives and order in your favour and you get your children detailed discussion is necessary

Advocate Aveek Bose LawRato

741 votes

Based on the facts stated, you have a reasonable case to seek more than mere visitation rights. Indian courts decide custody matters on the paramount consideration of the welfare and best interests of the child, and not merely on the basis of whether the mother or father presently has physical custody. The fact that you have continuously supported the child financially, paid educational expenses, sought restitution of conjugal rights, and initiated guardianship proceedings demonstrates your continued involvement and concern for the child's welfare. If you can establish a strong emotional bond with the child, a stable residence, sufficient time for parenting, and active participation in the child's upbringing, you may seek joint parenting, shared custody, or substantially enhanced access rights. However, considering that the child is presently very young, courts often prefer the child to remain primarily with the mother while ensuring meaningful and regular access to the father. A 50:50 shared custody arrangement is not impossible, but it depends upon factors such as the child's age, schooling, parental cooperation, and overall welfare considerations. Maintain complete records of all financial support, communication regarding the child, and your efforts to remain involved in the child's life. These documents will strengthen your case before the Family Court. The pendency of a 498A case by itself does not automatically disentitle you from seeking custody or joint parenting rights. Ultimately, the Court will decide the matter solely on the child's welfare and best interests.

Advocate Atanu Patra LawRato

834 votes

you can get the custody solely basis of the argument you/your ld. advocate makes before the court but it is upto the discretion of the Ld. Court to provide you the relief you sought for. Visitation rights is the preferable right by the law. What is your specific reason for joint custody. moreover, if your wife cannot maintain your child properly and if you have better accomodation and well being for the upbringing of the child you can get the equal custody.

Advocate Subarna Bank LawRato