Child custody
Sheela Jain ..........
(Querist) 31 January 2013
This query is : Resolved
My first Husband Dhiraj Jain, has expired in 2010 and in between us we have one Male child.Now he is 5yrs old.My father-in-law made me to remarry again.But i married 2 months back on 24th NOVEMBER 2012,in one condition that my son will be with me after my remarriage. With my consent i agreed to re marry.But immediately after my marriage they din't give my son back.When I went twice to ask my son they fought with me,abused me and din't let meet my child to see and talk.My first father-in-law taught my son wrong impression against me.
Now,my first mother-in-law 's physical condition in not good as she cant do her own work, neither she can walk properly and she is suffering from high diabetes.She has blurred vision also.My first father - in -law is still now busy with his business and unable to take out time to look out after my son.So, they both are unable to take proper care of child's routine life and schooling.
I,sheela jain, mother of my child, done my BCA,MBA in hyderabad.Now i m a housewife.My second husband,B.Com, is a well to do businessman, financially strong. We both have the physically and mental Capability to take care of my son.
before my re marriage my son was under my custody and i took care of him for last 5 years.
I request you to give suggestions regarding the following queries:
1) Though a MOTHER is alive, can a Grand father ask the custody of his grandson ?
2) My in-laws age is more than 60 years and the age diiference between my son and in-laws is more. And they are physically unfit, so can still they demand the custody of my child ?
3) My in-laws are surviving with two married daughters, still can they demand the custody of my child ?
I m eagerly waiting for your reply.
Thanking you,
Sheela jain
ajay sethi
(Expert) 31 January 2013
you can apply for child custody . merely because you are remarried does not mean that you are not entitled to child custody . your inlaws can have child visitation rights but cannot refuse to give you custody of your son . contact a local lawyer .
R.K Nanda
(Expert) 31 January 2013
take help of local lawyer.
Dr G V Rao
(Expert) 01 February 2013
The welfare of the child is paramount in custody cases...A good lawyer and good proof of your statements made here should see that you get your child with you soon......
V R SHROFF
(Expert) 01 February 2013
Questions:
I request you to give suggestions regarding the following queries:
1) Though a MOTHER is alive, can a Grand father ask the custody of his grandson ?
Ans: YES
2) My in-laws age is more than 60 years and the age diiference between my son and in-laws is more. And they are physically unfit, so can still they demand the custody of my child ?
Ans: YES
3) My in-laws are surviving with two married daughters, still can they demand the custody of my child ?
Ans: YES
suggestions : Though your 1st in laws can ASK custody, they will not get court order for custody, and Only you can get it under your stated circumstances.
You complain with Police, take your child with you.
Legal custody is yours.
Forcefully taking your son in their custody is illegal
As Legal custody is yours, you need not take court permission or ask for it.
I assume, no consent terms signed for child custody, and even if it is there, it is illegal.
You take him with you , trf school, etc, Let your 1st in law to go to court to get custody. You resist. Court will not allow their Petition for custody.
SO GO AND GRAB YOUR SON. TAKE HELP OF POLICE IF NEEDED. Only allow them access, being grand parents.
Sheela Jain ..........
(Querist) 01 February 2013
Thank you for all for your suggestions.I have one more query sir, if the child is saying that he wants to stay with his grandparents and he is 5 yrs old..but my 1st in-laws gave a wrong impression about me.and they pampered him with lots of toys and chocolates.so my son is refusing to come with me..still can i get my son back
ajay sethi
(Expert) 01 February 2013
wishes of child are also taken into consideration
V R SHROFF
(Expert) 01 February 2013
You demand visiting rights, and few days vacations with you during Diwali & Christmas,as & holidays.
When your son is with you, let him be exposed to your well wisher, who will wash out the brain washed by your 1st in Laws, and he may submit accordingly when called to court.
Despite all these, as Custody COURT order is not there, YOU CAN EVEN FORCIBLY OBTAIN CUSTODY OF CHILD.
Sheela Jain ..........
(Querist) 03 February 2013
Under section 3 of The hindus widow remarriage act, 1856, can the grandfather of my child take the court's order for guardianship without my onsent and also the court can give order the guardianship for the same without my consent.
And under what conditions and circumstnces can the court give order for guardianship for the above section.
Raj Kumar Makkad
(Expert) 03 February 2013
Natural guardianship lies with you and even if his grandfather files any petition seeking his guardianship, it cannot legally be provided to him unless you specifically provide it to him.
Sheela Jain ..........
(Querist) 03 February 2013
My 1st father-in-law threatened me 1 month before, when i went to get my child back,said that he has registered in the court and i cannot take my child back but when i asked for what you have registered, he did not mention anything about it.
Is there anything that he can register or get court's order against me, without my consent. And as per my knowledge i did not sign on any documents regarding my child's custody.
Can the court give the above mentioned order without my consent?
Guest
(Expert) 03 February 2013
Reply to your doubt is already covered in the reply by Shri Raj Kumar Makkad. No court would give any order for your child's custody to your in-laws without hearing you and without your specific consent.
Sheela Jain ..........
(Querist) 04 February 2013
Sir/Maam,
From the cases mentioned above, does this come under Criminal case.
under which criminal section I want court's order for police protection to get my son back forcefully from my 1st in-laws.
PLEASE NOTE: on 12th Oct 2012, my 1st mother-in-law took my child from hyderabad to belgaum on occassion of diwali and said that she will give my son back on the day of my marriage i.e.,24th nov 2012, but on the day of my marriage they dint give my child back and they pre-planned to keep the child with them without my consent.They cheated me in this way.
ajay sethi
(Expert) 04 February 2013
we have advised you to contact a local lawyer . you keep on adding more fActs to your subsequent queries .
Sudhir Kumar, Advocate
(Expert) 24 March 2013
Repeated
http://www.lawyersclubindia.com/experts/Can-my-1st-in-law-file-case-for-chil-custody--380316.asp#.UU5mNzchHfM
http://www.lawyersclubindia.com/experts/1st-in-laws-ran-away-with-my-son-372476.asp#.UU5mMTchHfM
http://www.lawyersclubindia.com/experts/CAN-I-GRAB-MY-SON-FROM-1ST-IN-LAWS-370021.asp#.UU5mHDchHfM
http://www.lawyersclubindia.com/experts/GRANDSONS-CUSTODY-370886.asp#.UU5mJDchHfM
http://www.lawyersclubindia.com/experts/CHILD-CUSTODY-368666.asp#.UU5mDzchHfM
