About son custody
Sunil
(Querist) 06 November 2011
This query is : Resolved
Respected sir I have got divorce on 7 june 2011 under mutual Con. That time my X wife gave written statement in front of judge that my son will be remain with me ie father. She was first party. Now after some months she is forcing me to give my son to her my son is 3+ years old. I do not know why she is doing so. I am very afraid I don’t want to give my child to her. She is saying that she will reopen the case and because child is only 3+ years old. Court will give son to her. Please sir help me I and my parents love him very much and I can not live without my son I do not know why she is doing so. Plz help me I will be very thank full to all of you sir.
niranjan
(Expert) 06 November 2011
She cannot get that case reopened but she has to file another petition under guardian and wards act to take custody of child.The reason is that she wants maintenance.You can propose visitation right instead of custody.
Sailesh Kumar Shah
(Expert) 07 November 2011
No reason to differ with opinion of Shri Niranjan.
Shonee Kapoor
(Expert) 07 November 2011
She can not reopen the case.
However custody battle can ensue as child custody orders are always interlocutory orders and subject to modification, if the welfare of the child so demands.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sunil
(Querist) 07 November 2011
sir thank you for your support, sir as i said when hon. judge asked to her about child custody. she said child will live with me (father). and it is also mentioned in wirtten statment. so is there any chance for me. and sir there lot of hiden fact abuot her. i do not want to disclose her personal life. but it will be better for my son to stay with me. as i read Visitation rights can be withheld if evidence is provided that proves it is in the best interest of the child not to see the parent. This usually occurs only where it has been shown that the parent is an excessive user of alcohol, a user of illegal narcotics, or is physically or verbally abusive.
sir i have proof for above one. would it help me?
ajay sethi
(Expert) 07 November 2011
if she makes application for modification of order you cna draw attention of the court to the fact that mother should not be gven custody of the child . place your evidence before court .
Arun Kumar Bhagat
(Expert) 07 November 2011
You stick to your point and agitate the same in case any suit is filed under Guardians & Wards Act.
Shonee Kapoor
(Expert) 08 November 2011
Sunil, my dear friend,
Both parents have equal right on the child. Don't stop visitation, it would not be in the interest of child.
Court denies visitation only when there is a prior history of toturing the child and not for other allegations, even murder convicts get visitation.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
