Child custody

Querist : Anonymous (Querist) 14 January 2012 This query is : Resolved
My friend has filed a divorce & 498A case and has been living seperately from her husband, with her parents along with her two daughters aged 14yrs and 6yrs for the last 5yrs.My first question is if something happens to her can her husband claim the custody of children from her parents?My second question is can it be avoided by writing a will stating the custody of children in favour of her parents or brother,as her husband used to beat and abuse her as well as the elder daughter(younger one was 1yr old when she came to her parents home).Please suggest some remedial measure.

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Devajyoti Barman (Expert) 14 January 2012
1. Yes but may not be successful to get the cusotdy merely becuase he is the natural guardian. He shall need to prove that the welfare of the child would be at stake under their custody.

2. Will can not supersede the law.
Custody is the legal right of a natural guardian and no one can stop him from exercising his right .
However that does not mean that he would get the custody.
In custody matters the court always prefers status quo and loath to change the custody.
He would ge visitation rights anyway.

Querist : Anonymous (Querist) 14 January 2012
Thanx for your prompt reply.But can you please suggest some remedy to avoid this situation.

Shonee Kapoor (Expert) 14 January 2012
Nothing can prevent him from filing child custody, regardless of whether the mother is alive or not.

Also, in both situations the welfare of the child would be held supreme.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sushil Sharma (Expert) 14 January 2012
agreed with regards with Sh. Kapoor's view

Querist : Anonymous (Querist) 14 January 2012
Thanx Mr Shonee.But what if the elder daughter still remembers the beatings,abuses and mental/physical harrassment done to herself and on her mother by her father?

Devajyoti Barman (Expert) 14 January 2012
Then custody would not be possible though he may get regular visitation orders.

Deepak Nair (Expert) 14 January 2012
The elder daughter's view too wil be considered by the court while giving custody. If she does not want to go with her father then court will not force her to go.

Raj Kumar Makkad (Expert) 15 January 2012
repeated query which has already been replied.

M/s. Y-not legal services (Expert) 15 January 2012
am also agree with barman sir and shonee sir..

-tom-

V R SHROFF (Expert) 15 January 2012
ANSWERS ARE AGREEABLE.

CHILDREN'S INTEREST PARAMOUNT CONSIDERATION.

though chances are more.

Deepak Nair (Expert) 15 January 2012
Now it is well advised by the experts.

prabhakar singh (Expert) 16 January 2012
repeated query

Deepak Nair (Expert) 18 January 2012
Repeated query??

Sorry. i failed to notice..........

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