Custody documents
NA
(Querist) 27 December 2013
This query is : Resolved
Experts ,
My spouse and myself have agreed for a MCD. I will be getting the sole custody of our child.What are the documents/terms and conditions that i need to get to ensure that i dont face any issue in the future while applying for school , taking the child abroad ( passport and visa ) or in general anything that would require both the parents signature ?
Thank you for your guidance.
Nadeem Qureshi
(Expert) 27 December 2013
execute a MOU with her and file before court with the MCD Petition.
feel free to call
NA
(Querist) 27 December 2013
Thank you Sir. What should be mentioned in the MOU ?
ajay sethi
(Expert) 27 December 2013
get consent terms drafted by a lawyer . claims of maintenance , streedhan , child custody , visitation rights have to be provided for
NA
(Querist) 27 December 2013
Thank you sir. We have clarified those.
Wife (myself ) will not claim any maintenance and will have the sole custody. Husband will not claim custody / visitation.
I am specifically looking for those terms and conditions that should be included that will prevent future hassles for me in taking any decision w.r.t to the child which in general require the consent of both the parents (like school admission, travelling abroad with the child , getting passport , visa etc ) according to the current law.
R.K Nanda
(Expert) 27 December 2013
TAKE HELP OF LAWYER.
V R SHROFF
(Expert) 27 December 2013
yOUR DRAFT OF CONSENT TERM, THAT WILL BE THE PART OF mcd DECREE SHALL DECIDE THIS MATTER.
[all terms]
M V Gupta
(Expert) 27 December 2013
Perhaps u may include in the consent terms an irrevocable authority in ur favor to give consent for and on his behalf for any or all the matters mentioned by u in the above posting.
ajay sethi
(Expert) 28 December 2013
you must have engaged a lawyer for divorce . get consent terms drafted by lawyer
Rajendra K Goyal
(Expert) 29 December 2013
Your gist of draft is good. Before getting it signed, get it vetted by some experienced professional also to plug loopholes if any.
T. Kalaiselvan, Advocate
(Expert) 30 December 2013
Properly advised by all experts. Any amount of care taken to draft an exclusive MOU, the circumstances in future may tend to change the stiff conditions attached thereto, so it is better to go for a standard agreement with simple conditions,giving room for changes according to the situations that may arise in the future.
Adv. Chandrasekhar
(Expert) 30 December 2013
After this MOU also, the passport authorities create problem while issuing the passport to the child and in that application they insist the signature of the both natural parents despite the divorce decree clearly expresses the spouse's permanent renunciation of his/her legal right for custody and visitation and granting permanent custody on the other spouse. After some significant period you approach the passport authority and by that time you would be unaware of your divorced spouse's whereabouts and even after expressing your difficulties, the passport authorities insist you to get the other spouse's address or get a court order appointing you as custodian of the child, which would be difficult due to nonavailability of your spouse's address. To cross over this hurdle, I suggest you to get the child's passport made in the intervening period of first motion and second motion by obtaining your spouse's signature on the prescribed form to be filed in the passport office.
JT Rajasuriya, Chennai
(Expert) 01 January 2014
You should get a proper court order under the Guardians and Wards Act - regarding custody,
Rajendra K Goyal
(Expert) 01 January 2014
Proper Court orders under Guardian and wards ct need to be taken for all purposes.
NA
(Querist) 02 January 2014
Thank you all for your guidance. I am in touch with a lawyer to get the consent terms.
Wanted to get a second opinion / further guidance to avoid any future hassles .
thank you.
M.Sheik Mohammed Ali
(Expert) 06 January 2014
as per law if male or female attaining major
the mother will be a guardian,
