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help_divorce (SC)     02 August 2011

Child custody/visitation

My son is 2 yrs old. Currently the court has allowed me to take my child home for 5 hrs a week.

Now me and my estranged wife are trying to settle the case through MCD. The wife's lawyer says that I can take my son home for overnite stay only after he is 7 yrs old. They are agreeing to allow me to take my child home twice a week but not for an overnite stay over the weekend. They are also demanding 15k for child maintenance plus school fees.

Legally can a father not get anything more than visitation rights for a male child less than 5 yrs? After 5 yrs doesnt court grant 'joint custody' for a child?

'Joint custody' as in child is allowed to stay with father thrice a week (including overnite stay). He is allowed to take decisions with respect to his education, he is allowed to take him out on summer/diwali vacations.

Also what happens to the child if wife remarries? Will the child still be in wife's custody?



Learning

 6 Replies

jeewan (self emp)     02 August 2011

The court gives decision in thd welfare of the child , now either prove how are you better or continue with visitation , as far as taking the child home on weekends etc , the judge sees the conduct of the father and if you are regular in your visitation, then you can request to the court to pass the order to allow him to be taken . As far as you saying what if the wife marries , I say what happens if you marry again then will ur woulbe wife accceptvhe

jeewan (self emp)     02 August 2011

Sorry continued , if you marry again will your married wife accept the child

help_divorce (SC)     02 August 2011

The problem is we are trying to settle the issue through MCD, hence I should be clear as to what rights i can demand during negotiations.

I dont intend to re-marry after having experienced nigtmares in the first marriage. HenceI would like to know can I get permanent custody of the child after my estrnaged wife re-marries.

I would also like to know how can I ensure that the maintenance I give in the name of my child will be used exclusively for the child? since other party is demanding a big monthly amount in the name of my child, I would like to ensure that it doesnt get misused. I understand only 1/3 rd or less of that amount is going to be used for the kid. Still i would like to get ideas to ensure that the amount is only for the child.

Adv. Chandrasekhar (Advocate)     02 August 2011

As it is compromise settlement, the terms in respect of custody and maintenance of the child, you both should come to agreeable terms, and those terms should be only, I repeate only, keeping the welfare of the child and not to satisfy the emotional and ego needs of father and mother.  So, whether it will be two visits in a week or an over-night stay with the father shall be decided by both of you, keeping in view of the interest of the child.  But as far as re-marriage is concerned, you put it in black and white in the settlement, in the event of her marriage, permanent custody will be with you and she will have visitations rights of a week in the whole year.  Similarly, if you would get married, the same condition will apply and she will keep the permanent custody with a week's visitation rights to you in a year.  It is only a suggestion.  You can modify the suggestion according to the circumstances and attitudes of the parties.  By your post, it appears that she and her advocate are reasonable and you can bargain with them.  But whatever may be the agreed terms, those shall be reduced in agreement, so that there will be no future complications. 

If you both will not reach to any agreement, then you can come to agreement that the matter will be referred to court, whose decision will be final in respect of custody and visitation of the child.

Regarding maintenance amount, first of all, you clear in your mind that out of 15 lakhs, how much you want to give it to your wife (whether that amount is acceptable to her) and how much would be your son's maintenance?  If it would be five lakhs for your son, you can put the conditions that this amoount will be put in fixed deposits by breaking the amount of Rs.75,000/- each in the name of the child,, whose maturity period will be with one and half year gap.  Suppose, the first F.D. of 75,000/- can be realised only one and half year later, the second
F.D. can be realised only 3 years later,  so on...

Sayeed Nazir (Marketing Manager)     25 December 2011

Boss,

Dont pay even a penny amount to your wife, this is day extrotion, fight fight until u suceed, get a very good lawyer, send more time in library, surf net, after all i do this today iam 80% suceed, and iam fighiting my case myself as PIP(Party in Person), my wife side relatives and her parents are in great trouble nowadys as they have come 2 know that i will win the case, now my wife is thinking to rejoin me after great 2 years, i must thank to the adv. who is the freind of mine, great books are their , gud citation are their, DONT PAY TO UR WIFE INSTEAD SAY THAT U WILL PAY THE SUM OF AMOUNT DITRECTLY TO THE CHILDS WELFARE, DIRECTLY PAY TO THE SCHOOL , TRANSPORT AND OTHERS ETC........., IF U PAY TO UR WIFE U R BIG "0". FIGHT FOR CHILD CUSTODY GET THE BEST ADV. AND GET SUCCEDD.

Sayeed Nazir (Marketing Manager)     25 December 2011

ALL FREINDS 

TAKE A NOTE THAT IN MOHAMEDAN LAW " IF THE WIFE REMARRIES THE CHILD CUSTODY TO BE GIVEN TO THE CHILD FATHER"  BUT THIS IS NOT APPLICABLE IN OTHER RELIGIOUS LAW...


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