Latha (Operations Head) 20 February 2012

Custody of child

Dear Sir/Madam,

My nice has issues with her husband and she has walked out y'day. She got a son of 13 years and wants custody of him until he completes his 10th std. But the father is not allowing him even to speak to her. What should we get the custody of the child. We do not know if the child has been warned of any dire consequence in case he speaks/meets her. But when the child is asked to come to stay with her, he mentions that he wants to stay with her dad. For yor info, this man does not go to work regularly and there is no source of income. can we take police help.

Pl advice urgently.

thanks

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2 Replies

Tajobsindia (Senior Partner ) 20 February 2012

@ Author

1. For claiming custody of minor one shall approach a GWA Court and file necessary case with assistance of an Advocate where the child ordinarily resides.

2. In family matters such as the one before us what Police shall do ? It is between father (husband) and mother (wife) a civil matter and Police shall suggest your friend to go to Court to settle 'custody' matter and nothing else.

3. The child has already expressed his ‘intelligence preference’ with whom he wish to stay. Emotions and sentiments are not required to settle the matter. In generic opinion that should not be disturbed unless father is already convicted of being 'a rapist - an murderer-a pedophilic-an gay person'. We doubt he being so !

Observations:

A. If your friend wants the custody of her son till 10th. stnd. then it itself shows how keen she is for best interest of minor and long term welfare of the child!
B. If father is un-employed and sitting at home but is well taking care of child in terms of child education - safety-food - lodging- best interest then the custody (status quo) shall rest with him only. Employment – un employment- high salary of one party- daily flying out of ordinary residence of minor for overseas meetings are not sole criteria to grant custody of child!.