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Clarification on child custody clause in mutual consent divorce


21-Mar-2023 (In Divorce Law)
Hi, I m getting divorced with my husbund with mutual consent. we hve writtien ol the point n agreed with each other. i have a daughter. she is 6yr old. and her custody is with me. now i am asking my husbund to add onemore point in this that he will not demand her custody in future also.. and he said his lawyer is saying this point is not valid.. and my lawyer is saying we can add this
Answers (2)

Answer #1
719 votes
Hi Mam

Your lawyer is right you can add any clause in mutual consent divorce, as long as it has been mutually decided. It is definitely valid to have the clause of child custody.
Should you have any further queries please do not hesitate to contact me.

Regards
Adv Farhat Warsi
Advocate Farhat Warsi

Adv. Farhat Warsi

LawRato Gurgaon / Gurugram | 5+ Answers
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Answer #2
518 votes
You may go ahead and mention this clause under the agreement/ mutual consent divorce petition, & in the event both of you have no issues in complying with this clause then there is no dispute, however this does not make custody rights final, as your husband can still go ahead and demand custody before court of law, on many grounds, however at the same time you will also be able to contest his claim, if you incorporate such provision on the ground that he never wanted to have custody of child at first place and is seeking the same to harass you.

IN case you require more clarity, you may contact me
Advocate Vivek Nasa

Adv. Vivek Nasa

LawRatoGurgaon / Gurugram | 5+ Answers
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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.

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