Child custody
Priyanka87
(Querist) 04 May 2016
This query is : Resolved
Respected experts,
I have filed 498a and Dv against my husband and His parents for their mental and physical harassment 15 months before.Now My husband applied for child custody,where the child is staying with me all these while. Husband didn't bother to see or contact the child even after knowing the school where the child is studying. Maintenance order for the child will be passed in next month and so he is playing all these in intention to harass me as they very well know that I can't live without my son. My son was admitted in hospital on his birthday last sept for 2 days as he was suffering from typhoid fever. I passed this message to him through a common friend,even after knowing that he did not try to see him. Last friday was when he came to see the child 1st,I told my baby to go and talk to his dad,but my son did not even show any interest to see him. Everything happened infront of husband and for that my husband warned me saying that he will snatch the child from me saying that I'm poisoning my sons mind. Please help me!!will he really be able to take my son from me?
Devajyoti Barman
(Expert) 04 May 2016
Do not worry. You can inform this incident to local Police.
Do note that of he snatches the child from you he would be guilty of kidnapping.
P. Venu
(Expert) 04 May 2016
Generally, court allows the mother the care of the child unless there are adverse circumstances.
Priyanka87
(Querist) 04 May 2016
Devajyoti barman- sir,snatching here is he said he will take the child custody from court and separate him from me.
Another thing is that he mentioned child visitation also in his petition every Sunday from morning to evening. Can I ask in court that he visit child in my presence at a common place for all of us?
Nadeem Qureshi
(Expert) 04 May 2016
first of all file a complaint before local police and the copy of the same be produce before magistrate in which your DV Case is pending and the Magistrate have power to pass an protection order to you and your child and without due process of law he can not take, even visit the child.
Feel Free to call
Rajendra K Goyal
(Expert) 04 May 2016
Generally court give the custody of minor child to mother. If court order otherwise, prefer tom challenge the order.
You must bring your visiting right conditions in the knowledge of the court through your lawyer.
malipeddi jaggarao
(Expert) 04 May 2016
Child custody will be given by the court on merits giving weightage to the mother's claim. Your husband has visitation rights. You should have reasons to ask for stipulations for visiting rights. What is the age of the child? Your comment that your husband had not visited the child when he was not well and your child did not respond to his father are not the factors in deciding visiting rights or while considering your DV case. You have given only fragmented facts and no proper guidance can be given basing on the details given in the query.
Priyanka87
(Querist) 04 May 2016
Thanks experts for your valuable suggestions!!
Priyanka87
(Querist) 04 May 2016
Malipeddi jaggarao-sir my son is 4.5 years old. The very day before I moved out of my husbands house my son slipped off and was hurt with 9 sutures on his fore head. He didn't find out his health condition also after that. He visited my home town no of times in these 15months,but never tried to see my child after knowing his school. I only filed 498a and dv 20 days after I left the house. These are one of the few reasons which are keeping me worried.
Prakash Ramchandani
(Expert) 06 May 2016
dear supriya,
child custody, is right of husband as well of wife, both, provided who is more healthy in money as well as who is more good care taker,
that can be decided only by court only and it will take months to decide over it,
you have to be care ful with your advocate, and see how the matter is proceded
.
it is not the right of mother if you think,
as an expert consultant i would say your reasons of 498a and all will be considered
your husbands cruality will be or shall be considered but in provisions of law
