Rcr and child custory
Querist :
Anonymous
(Querist) 14 January 2012
This query is : Resolved
Hi,
I have been living separately from by husband for more than a year due to emotional abuse and i have a 2 year old baby boy .He has filed a RCR and also claims child custody.My lawyer says , he cant claim until 5 years. But i am very worried .He has never bothered to come and see the baby until recently when he came once and took snaps before filing the RCR .If i refuse to go back , is there a chance that it can turn against me in the child custody case ?
Is there a chance that he will get the child custody after 5 years as it is a boy ?
I earn more than him and i do not want any maintenance for me or the baby . Will these be in my favor in the child custody case ?
what are the circumstances where the mother will be dined the child custody ?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 January 2012
you are on the other side of rainbow than other counterparts. custody of child will remain with you, take care.
Querist :
Anonymous
(Querist) 14 January 2012
thank you sir. Good to hear that . He has already threatened to take away the baby from me saying that even if the court order fails now , he will take him after he is 5 years old . Is there anything that i need to do now which will help me from losing my son after 5 years ?
Deepak Nair
(Expert) 14 January 2012
Even after the child attains 5 years, it is difficult for a father to gain custody of the child as in such cases a mother has more advantage. Therefore no reason to worry. Appoint a good lawyer to fight your case and fight with all might.
Querist :
Anonymous
(Querist) 14 January 2012
i would also like to know if i can travel to another country for work along with my son ? i would like to relocate to another country , but i can get my son to India periodically for vestigation rights if needed. would that be fine ?
Querist :
Anonymous
(Querist) 14 January 2012
deepak nair,
Thank you sir for the supportive comments. Makes me feel much better .
ajay sethi
(Expert) 14 January 2012
The key factor taken into consideration while granting custodial rights is the concern of child welfare. Thus, aspects such as financial stability of parent, reported misconduct, character and capacity of parent are given importance.
The Hindu Minority and Guardianship Act 1956 contains provisions for custody of minors.
. It states that the natural guardian of a minor is the father, though the custody of a minor below the age of 5 will ordinarily rest with the mother. Even though the law qualifies fathers as the legal natural guardians, the courts usually grant custody of younger children to the mother since society considers their bond with the child to be more essential and nurturing.
ajay sethi
(Expert) 14 January 2012
if you wan to go abroad the child wont be able to meet his father . once court grants order giving custody to one parent the other parent has visitation rights every week or so . if by relocating to other country the child is deprived of the visitation rights your husband will oppose the same .
you will have to convince the court and amke application for modification of order if any passed regarding visitation rights
Devajyoti Barman
(Expert) 14 January 2012
nO IS THE ANSWER FOR ALL YOUR QUERY EXCEPT THE LAST ONE.
For the last query the court would look only the issue regarding the welfare of the child.
If your husband can not prove that the welfare of the child is at stake with you he is not going to get his custody.
Raj Kumar Makkad
(Expert) 14 January 2012
The welfare of the child rests with you so there is no occasion for the court to award his custody in favour of your husband. You should got your child admitted in well reputed school, should spare valuable security like FDR in bank, should got him involved in extra curricular activities through some tutors so that it may be brought before the court that the welfare of the child remains with you rather of your husband.
Sushil Sharma
(Expert) 14 January 2012
completely and honestly agreed with the view of Sh. Makkad as ans. is given by the way of practical trends of law procedure in INDIA. so say thanxs to Makkad Sir
Querist :
Anonymous
(Querist) 14 January 2012
thanks a lot for all your responses. really appreciate your help in this regard.
Deepak Nair
(Expert) 14 January 2012
Rightly and sufficiently advised by hte learned experts
Shonee Kapoor
(Expert) 15 January 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 15 January 2012
It is expected that child custody shall remain with you in present circumstances but what justification you have about your withdrawal of husband's company to reply his RCR???
Querist :
Anonymous
(Querist) 15 January 2012
sir,
My husband is a narcissist and i have been facing lot of abuses since marriage . he wanted me to quit my job which i refused to. my husband is also not interested in taking me and our baby back , as he did not bother to come and meet us in the last 1 year. he has applied for RCR just for emotional harassment and for legal reasons. from what i know him , he wouldnt be interested in taking the baby due to love and affection , rather just to harass us.
M/s. Y-not legal services
(Expert) 15 January 2012
your fear is unnecessary.. just face your case., court will not allow him to take your child with his custody now [and in future also., since child is just 2years old now ]
maximum he can get visiting permission. dont worry..
-tom-
Querist :
Anonymous
(Querist) 16 January 2012
thank you sir.
Deepak Nair
(Expert) 18 January 2012
You are rightly advised by the experts.
