In a mutual divorce who keeps the custody of the child

Dear, My cousin bother, he is in mid of 30's. having kid about a year old. as of now he is separated from his wife and kid, they are planing to have mutual consent divorce. and would like to know about child custody rights after 5 years, and at 9 years. he is not interested in neither taking joint custody nor visiting rights until 9 years. he personally feels it may lead to one more addition in unresolved. I was insisting him to take full custody, after 5 years or earlier than that. because I feel, considering the kids future on her remarriage if so. what is your opinion based on your experience. what are the factors, should he consider as predominant terms. while drafting mutual divorce petition regards 

Answers (3)

208 votes

In mutual consent the parties should decide mutually that whom the custody is and what is the visitation rights of the other party who has no custody. these terms are to be mutually decided and no law regarding this prevails when the custody is decided by mutual consent.

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88 votes

Hi madam/sir. Mutual mean you will be decided for all terms and conditions madam after that only the petition is file in court so first you decide you want child or not if you want child mean you have adjust some one

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154 votes

In Divorce by mutual consent, child custody conditions has to be incorporated and such conditions should be in the interest and welfare of the child.

If not interested in joint custody, seek individual custody for a period .

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