Dear friends, Please guide me on the following : My husband has filed a custody case for our 3 year old son u/s 26 of hma. I want to know :
1. The consent of child matters upto what extent in such cases. I mean in case court awards him overnight custody on weekends and if the child doesn't want to go, can he take the kid forcefully saying "he will be fine"?
2. If both husband and wife are qualified and financially sound (but unfortunately marriage didn't work out) then how does the court decide about the custody, provided me and my son are living separate from my husband almost since his birth.
3. My son is going to good school. What i assume is that to take the custody from me, my husband shall prove shortcomings in my upbringing and failing to that will he only get visitations or more than this?
4. I am not a kind of lady who will refuse what is his right as a father, but I am very serious about the mental development of my child. I am scared that by such visitations we will definitely challenge the mental health of our son. Is there is any law where I can say such visitations are harmful for the kid especially at this tender age when he is practically not aware of "father". I tried to make my spouse understand this but he won't agree as it has now become an ego issue for him. He never asked about the kid when the baby was small, but now when he has grown up, he is playing his tactics.
Please give me advise how can I minimise the effect of visitations.practically I don't want my husband to misuse his visitations and don't want to give him overnight custody at all even if he crosses the age of 5. I just want the kid to decide alone on this issue whenever the age comes. Please guide me what should be my submission in the court.