Period of argument during contested divorce

Please do not worry too much on this issue. If the issue of custody was initially raised in your petition, Judge will decide on both the issues. Have faith in judiciary. When two parties fight, it is for the Judge to decide. Your. Spdaughter is with you and will remain with you.

Thank you so much Vinod Sir for your kind advice. Best Regards

Whatever your husband said is not important. Whatever you agreed to, he agreed to, etc. is not important. Even what you asked in the petition is NOT important. What is important is whether the issue  was framed in the proceeding and what the judge ruled on it. If an issue was not framed, a new petition can be filed specifically asking for the issue of child custody to be framed.  If the case is NOT disposed of, immediately file an application asking for that specific issue of child custody to be framed. Once an issue is framed and you get a ruling, you will not have to think of "what if" situations in the future because you will have a Court Order to back your claim which will provide all the protection you will need from forceful custody.  Of course, this is a two-edged sword - You can lose the custody battle in court but that depends on the facts of your case.

A parent who has already the custody of the child will not approach the court and only non-custodial parent approaches the court.

I think that it is always better to get a Court order to legally solidify posession... whether it be of a material object or a child.  Merely having possession, as in custody, gives only an illusion of legality. In the case of a child, for example, the mother/father can forcefully take custody of the child from the other parent. In such a situation, only an existing Court Order will help in approaching law enforcement authorities and/or police. Trying to start custody litigation at that time will prevent continuity to the child's existing custody. Prevention is better than cure especially when you already have custody.

Dear Sir/Madam,

With all of your blessings i have got my divorce decree on last week.. but i feel my EX can go to high court to oppose.

Can you suggest what should my next course of action?

As far the custody is concern my daughter will continue staying with me as there were no separate claim for custody..

Shall i apply for legal custody before he does it?

Do i need to do it in lower or  can do it in high court straight to avoid the time span ?

Regards

SG

WOW Congrats.....

Well to my intuition, he will not file for custody as u got decree of divorce. he will be less interested but may opt for visiting the child.   If so, that could last at your wish.  and i suggest u pls allow him to shower his love with his daughter.   it will be good for her (child).  and much more, never use ur child as tool for filing any other cases.....

best of luck for all times to come