Position of child after divorce
ALAPATI NAGARAJ
(Querist) 08 March 2012
This query is : Resolved
Hi,
In case of Divorce, who will hold the position of my daughter of 1 year old.
My case, my in-laws want to take their daughter i mean my wife with them of no reason, if i go for divorce who will get the position of my baby.
the source of income for my in-laws is nothing butmoney is sent by their son staying abroad is still unmarried otherthan that no income. but still they want to take my wife with them and also my daughter.
i want my daughter if in case they ask for divorce.
please help
Adv.R.P.Chugh
(Expert) 08 March 2012
Dear Querist,
Child of such tender age, who needs foster care is normally given to the mother, uptil 5 years this is the normal situation. Unless you are able to show that her custody would not be conducive to the emotional/physical well being of the child - would the court contemplate giving you custody.
The fact that they are not financially that strong, might hurt you bad - if she decides to sue for maintenance, so it's better not to pursue it too much
ajay sethi
(Expert) 08 March 2012
custody of your daughter will be given to mother . you can get visitation rights.
Daksh
(Expert) 08 March 2012
Upto the age of 5 years the child will remain in custody of her mother and thereafter you can seek custody. More so at the time of disposal of Divorce petition the issue of custody shall also be adjudicated by the trial court.
Best Regards
Daksh
Kirti Kar Tripathi
(Expert) 08 March 2012
While granting custody, the welfare of child is paramount. In the present case, the child is of very tender age and requires due and proper attention and care. Normally it is presumed that a mother can give more attention and care to child of tender age rather to a father. If there exists no extraordinary circumstances, normally custody of a child of tender aged is given to the mother. Here it may be noted merely having good financial position of father is not extra ordinary circumstances, being father, a man is liable to maintain his child, even the child in the custody of his/her mother.
Shonee Kapoor
(Expert) 08 March 2012
Unless there are very big reasons on the contrary, the custody of such girl would be with mother.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
