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When can a father ask for custody of his boy child from his wife


19-Dec-2023 (In Divorce Law)
I want my son .after which age of my son it can be ordered??
Answers (4)

Answer #1
559 votes
There have so many judgement regarding custody of minor child to his father. You don't write details about your case. Please share your details that I can help you.
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Advocate Shubhankar Dutta

Adv. Shubhankar Dutta

LawRato Jalpaiguri | 25+ Answers
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Answer #2
521 votes
As per the law the custody remains with the mother till the age of 7 years.After that you may file a petition before the Learned District Judge of your district asking for the custody satisfying the Court that it is for the benefit of the child and his mother has no source of income to maintain him. Thanks.
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Advocate Suvajit Ghosh Dastidar

Adv. Suvajit Ghosh Dastidar

LawRatoKolkata | 200+ Answers
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Answer #3
955 votes
Question is very small one. I do not know whether you are father or mother. However I explain it. Law tells that, till 5 years mother custody of a child is better custody. That means untill 5 years of age Court can't change this view only in exceptional circumstances, where it should be prove that, mother is not capable to take care of that minor below the age of 5 years. In any other case after age of 5 years father can wants custody of his child from his wife. Court can determine it.
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Advocate Sanjoy Acharjee

Adv. Sanjoy Acharjee

LawRatoJalpaiguri | 400+ Answers
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Answer #4
744 votes
A father can file a suit under the specific provisions of the Guardianship Act claiming the custody of minor son or daughter before the Hon'ble High Court or the District Judge's Judge'Judge's court of teh respective jurisdiction.There is is no bar regarding the age of her or his age.
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Advocate Biswajit Roy

Adv. Biswajit Roy

LawRatoAsansol | 25+ Answers
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