ESKAY01972 (OFFICER) 29 January 2011

CHILD CUSTODY

I AM THE MOTHER OF TWO CHILDREN , AM LOOKING AFTER THE CHILDREN SOLELY FOR THE PAST 4 YRS. I AM IN SERVICE. SINCE 4 YEARS THERE IS NO COMMUNICATION BETWEEN ME AND MY HUSBAND. NOW HE WANTS TO JOIN US. BUT DUE TO HIS ARROGANT BEHAVIOUR AND HIS ILLEGAL AFFAIR MYSELF AND CHILDREN ARE NOT READY TO ACCEPT HIM. IN THIS SITUATION HE IS INDIRECTLY THREATENING US BY TALKING CHILD CUSTODY. BOTH THE CHILDREN ARE MINOR. MY SON IS NOW 11 YRS AND DAUGHTER IS 7 YRS. WE ARE AT HYDERABAD AND HE IS AT BANGALORE.

NOW IN CASE OF DIVORCE I AM READY TO FOREGO THE MAINTANENCE AND I DONT NEED ANY SUPPORT FROM HIM FOR ME OR MY CHILDREN. I AM NOT READY TO EVEN GIVE HIME A SHARED CUSTODY OR NOT READY TO LEAVE MY CHILDREN WITH HIM EVEN FOR ONE DAY. THE FEAR OF MY CHILDREN BEING PERVERTED BY HIM. CAN I STOP HIM LEGALLY FROM SHARED CUSTODY.

PLEASE ADVICE ME AND SUGGEST ME IF ANY PRECAUTIONERY MEASURES, IF HAVE TO TAKE.

THANKING YOU.

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6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 29 January 2011

Mother is the proper person to take care of the children. If your husband files a case for child custody contest the case on this ground.

Suchitra. S (Advocate) 29 January 2011

Madam, it is held by Supreme Court in many cases that mother is the first natural guardian. So, it is difficult for your husband to get the custody of his children. But you cannot restrict him from visitation rights. Legally, both your children belong to him too. You not claiming any maintenance from him is not the ground on which you can restrict his visitation rights.

(Guest)

@ESKAY01972

CAN I STOP HIM LEGALLY FROM SHARED CUSTODY?

Agree with the suchitra.s view.You cannot restrict him from visitation rights.

N.K.Assumi (Advocate) 29 January 2011

Considering the par amount consideration of the welfare of the children in your case, custody of the children should be with you, but as pointed out by Suchitra S, you can not prohibit his visitation right.

ESKAY01972 (OFFICER) 30 January 2011

THANK YOU FOR YOUR REPLY. MY INTENTION IS NOT TO AVOID HIM. AFTER 4 YRS HE IS APPROACHING US. WE DONT KNOW HIS REAL INTENTION. I HEARD THAT NOW HE INCURRED HUGE LOSS IN HIS BUSINESS DUE TO MISMANAGEMENT.

WHEN WE WERE TOGETHER HE AND HIS MOTHER GRABED ENTIRE EARNINGS OF MINE AND I HV A DOUBT THAT, TO ESCAPE FROM FINANCIAL CLUTCHES HE IS TRYING TO BLACKMAIL US.