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Who gets the custody of the child after divorce if they are minors


20-Oct-2023 (In Divorce Law)
My son and daughter are below 5 years of age, who gets the custody after divorce. Can I consent outside the court ?
Answers (4)

Answer #1
534 votes
dear client as per your query I can only suggest that if you want and you are a working lady and can manage their upbringing in a better manner then you can go for their custody or can file maintenance on behalf of both the child as mother if you have not entered into some mutual agreement in divorce specifying the details of who will take care of the child for future paid consultation please contact us with your relevant documents.
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Advocate Rahul Rathi

Adv. Rahul Rathi

LawRato Allahabad | 700+ Answers
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Answer #2
794 votes
aapki divorce ki tang condition kya thi baccha Kise supurd Kiya gaya hai aur baccha rahata kahan hai aap mujhe Puri Jankari provide Karen main aapki Jarur sahayata karunga aap Jyada Jankari ke liye aap mujhe call kar sakte hain ya aap mere Karyalay per Aakar apni samasya ka Samadhan kara sakte hain
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Advocate Sushil Kumar Kanaujiya

Adv. Sushil Kumar Kanaujiya

LawRatoGhaziabad | 100+ Answers
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Answer #3
918 votes
As you have asked in your problem whether the father can get the custody of a 5 year old child, then I want to tell that the natural garden for 7 years is the mother and without the consent of the mother, no husband can do so. A child below 7 years of age cannot be taken back into custody by the court and in the courtIf he goes and sends an application under Section 11, it will be rejected because only the mother will get the custody of the small children
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Advocate Rajeev Kumar

Adv. Rajeev Kumar

LawRatoBijnor | 700+ Answers
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Answer #4
620 votes
In case of a minor child, both the parents have an equal right over the child after divorce. If there is no mutual consent, the family courts decide who gets to keep the child and take his/her major life decisions.
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Advocate Manoj Kumar Srivastava

Adv. Manoj Kumar Srivastava

LawRatoSitapur | 25+ Answers
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