LawRato

After Mutual Divorce, can custody go to other spouse


16-Dec-2023 (In Family Law)
Mera mutual divorce ki second petition Mai mere pati ne ek point likha hai ki jab Mai dusri shadi Karti hu ya living in Mai Rehti hu to bacche ki custody uske pass Chali jayegi ..mera lawyer bol Raha hai ki ek Baar custody mere pass aayi to pati ke pass shift nhi ho Sakti chahe living in Mai rahi ya shadi Karu plz batao mujhe Sign karna chahiye ki nhi Mai nhi chahti mere beta wapas uske pass jaye
Answers (2)

Answer #1
903 votes
In your petition for divorce by mutual consent, you can add a condition that the custody of your son will remain with you once you have taken divorce from your husband. If you do so, irrespective of whether you move in a live in or you remarry, your husband cannot claim the custody of your son.

LawRato

Answer #2
713 votes
in a divorce by mutual consent the terms of settlement are governed by the settlement agreement. the husband cannot add new terms on his own in the petition during the second motion. you lawyer is correct in suggesting that once the terms of the settlement have been finalised and executed, it cant be changed by your husband,

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."