Swagata ghosh 10 September 2015

Child custody

To all the esteemed Lawyers,

I am Swagata Ghosh (Female) got divorced in the yr 2010, , I have a girl child from my wedlock, my daughter was only 6 months old at the time of our divorce, court has given me the full custody of my child with the visitation right to my Ex-husband of meeting the daughter once in a month that too as per my convinient schedule. Just after our divorce (i.e. after 3 months only ) my ex remarried to some lady and since then he is with that lady only. And he use to come once in every month to see his daughter at my place as per the court's order. Now, at present I want to get settled/ married again to a gentleman but somehow my ex and my in-law's(ex) have got this news and threatening me that they will take the custody of my daughter if I will think of remarriage. So, now I am feeling scared for my daughter's future and her custody. So, kindly guide me what are the steps I should take so that my daughter stays with me only as I know he can't be happy away from me. Daughter is only 5 yrs old but she is very matured and saying that she will not leave me but I fear that since my ex and his family is very influncial so can they reverse the ealier court order of my daughter's custody. Also as a whole how should I tackel those persons in court or out of court in this situation. pls guide me...

Thanking you all in anticipation.

Swagata

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5 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 10 September 2015

Mam,

Since the court has already given you the full custody of the child, then I feel you should not be worried. Please refer to the child custody para wherein the full child custody had been given to you.

Warm Regards

Kapil Chandna Advocate

9899011450

(Guest)

Query does not make any sense at all. No lock now, it is broke for ever, you can as well move on by remarrying whomever you want, wishes of your ex and ex inlaws and your kid should hardly matter, if they try to put pressure on you, give police complaint against ex-in-laws and ex-hubby that they are doing like this. By the way there is nothing that can be done now, if your ex wants to move court, he can stating blah blah reasons, but it is to be seen what the court feels good for the childs future.

I feel you are just being hysterical thats all.

Life should be lived within 50 years, dont think too much about anything. Nobody gets out alive.

advocatepassy@gmail.com 971794 (Advocate) 13 September 2015

They cannot just take away the child. Let them go to court. By that time you will have new husband who will protect you and the girl will become more mature and attached to you.

T. Kalaiselvan, Advocate (Advocate) 19 September 2015

The child custody case has been settled by a court decree. If at all he has got any claim against it, he may have to prefer an appeal only and not file a fresh child custody case, therefore I dont think you have any reason to be concerned so much about it. Consult a local lawyer and discuss the issues at length and proceed as per his further advise.