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Who will be given child custody after divorce
31-Jul-2023 (In Divorce Law)
sir, me and my wife have agreed to mutual consent divorce, i have a 9 month old daughter, so in the process of divorce who ll have custody of the kid.. because for me my daughter is everything in this world, i dont want to leave her to someone who never took care of her during my marital life.. i have read many article that only a women can claim custody over the kid.. i am financially stable working for one of the leading banks in india and have a good family to take care of her..
We need to look at the issue deeply then only I can advise you whether it is possible to claim the kid or not. But, Initially I can help you to visit your kid weekly once or twice through court order.
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Adv. B. Sivasubramanian
Chennai | 200+ Answers
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As per law the custody of an infant child shall be with the mother at least until the child attains the age of 5 years.
Your child is just 9 months old hence you claim for custody may not be allowed by court.
Instead you can talk to your wife and include the custody of the child to be with you in the memorandum of understanding drafted for the mutual consent divorce.
Did you talk to your spouse about this anytime before filing the divorce petition?
You can talk to her and if she does not agree to your proposal, you can arrive at a compromise for visitation rights or joint custody or custody during vacations etc.
There are avenues open, you can utilise one in your favor.
Your child is just 9 months old hence you claim for custody may not be allowed by court.
Instead you can talk to your wife and include the custody of the child to be with you in the memorandum of understanding drafted for the mutual consent divorce.
Did you talk to your spouse about this anytime before filing the divorce petition?
You can talk to her and if she does not agree to your proposal, you can arrive at a compromise for visitation rights or joint custody or custody during vacations etc.
There are avenues open, you can utilise one in your favor.
Helpful?
23+
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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