A couple adopts a girl child.However after few years matrimonial relations end up. Now who is entitled for custody of adopted girl child.After adoption of girl child wife conceives and a male child was born
anuradha goyal (member) 08 November 2011
A couple adopts a girl child.However after few years matrimonial relations end up. Now who is entitled for custody of adopted girl child.After adoption of girl child wife conceives and a male child was born
sridhar pasumarthy (ADVOCATE) 08 November 2011
Dear Anuradha,
The court will give paramount consideration for the welfare of the child in deciding the custody of a child.
However, if the child is below 5 years, normally mother will be given preference.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 09 November 2011
Agreed with Goodgirl,
Now the relationship is equivalent to natural born child, and hence the custody would be decided on merits as per the welfare of the child principal.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Rudra Kumar Dey (Advocate In Supreme Court of India) 10 November 2011
Agreed with Mr. Kapoor, law of custody remain same for adopted and biological child and has to be decided on marit .
Dear Anuradha,
Suggest you to try to rejoin as a matter of future of both of your childs.
See, Court/ Police/ Advocates are not a good thing's to follow with them unless no other way or option with us.
So please take a best decision wrt future of both of your child's.
Any child need's both MAA & PAA, So understand that point.
Try to re-concile with him, If possible. keep it in first preference.
Regard's
Abhinatre Gupt.
V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 13 November 2011
mother will have custody, unless she is unfit , financially, healthwise or unable otherwise
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 13 November 2011
I don't agree with Mr. Shroff, the party has to show his capacity and welfare of the child and not necessary show other person as unfit.
Rudra Kumar Dey (Advocate In Supreme Court of India) 14 November 2011
That's what we have all ready mentioned on merits. Child's welfare is the top most.
Not to make a ground of arguments and not to confuse the non-legal persons.
thanks