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mrindia (proproitor)     02 May 2014

Custody

dear sir,

 mt wife is about to file 498a case against me ,my child is 3 years old 

i want to file custody/meeting rights  case please advise if i should file the petition before she files the FIR or wait for some time.

she has also filed DV CASE whose date has not come yet

please advise 



Learning

 2 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     02 May 2014

Dear Friend,

The case under 498A is a criminal nature case and in that you have to take Bail. It is always better to take Anticipatory Bail for this.

As far as the child's custody is concern the age of the child is to be considered, as in your case the child is of only 3 years old he /she is in more need of her mother to be looked after so in the normal circumstances the custody will go to the mother if the child is below of 7 yrs of  age. here it is always to be considered that whild deciding the custody matters the welfare of the child is of the prime importance irrespective of the claims by any side.

Though the visiting rights of a Father to his child can not be stopped unless there is a direct threat to the child's life is there. Every father has a bonafide right to meet his son/ daughter which can not be avoided except in the exceptional cases.

For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

Click "LIKE" in appreciation of the above answer.

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

Email: advicelaw1@gmail.com

Ph: 9582144748

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     02 May 2014

A Custodial Parent is a parent that is granted custody of a child or children. This may happen in connection with divorce, legal separation, or other types of relationships. Child custody is dependent on a number of legal determinations, and not solely on the desires of the parents.

In many cases, only one parent is the custodial parent.  This parent has both legal and physical custody of the child, while the other parent has visitation rights (for instance, on weekends or selected days of the week). Traditionally, the child’s mother was named the custodial parent, with the father providing financial and other assistance.  More modernly, courts aim towards an equal distribution of custody between both parents, to allow the child to have a balanced upbringing.


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