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Husband wants to take child away from me


08-Dec-2023 (In Family Law)
I have been in a mentally abusive marriage for the past 12 years. My husband has been traveling for the past 7 years and never made time for family or prioritised us. I have raised my child as almost a single parent ever since he was born. I left my job in Chennai to be as a family in Bangalore and he moved to Goa to open a business without my consent and has been forcing me to move with him. Now he has started saying he will take our kid with him as he has equal right. He has never been with us for past 7 years but now forcing us to move or take our child (7 years) with him. Is it legally possible? How can I protect my child as i am not sure how he will care for him.
Answers (3)

Answer #1
542 votes
Its a custody battle. There are pros and cons in your case. But the courts favour mother in most of the custody battles. At the same time, you cant take it for granted. Kindly get back to us for further discussion.
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Advocate Kumaraswamy BN

Adv. Kumaraswamy BN

LawRato Bangalore / Bengaluru | 50+ Answers
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Answer #2
883 votes
You have to come out clear on why you don't want to move in with him at Goa. Based on that you can claim permanent custody of your child as a natural guardian. If it's a girl child then he cannot claim custody till the child is 12yrs.
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Advocate Abdul Zahir Shah

Adv. Abdul Zahir Shah

LawRatoBangalore / Bengaluru | 100+ Answers
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Answer #3
846 votes
You can file a case for domestic violence, second for divorce and third for guardianship of the child. It is all possible. However, the timeline for all the cases is different and all procedures are also different. You can connect to me post 5pm for quieries
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Advocate Kiran Thirumalesh

Adv. Kiran Thirumalesh

LawRatoBangalore / Bengaluru | 25+ Answers
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