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(Guest)

Child Custody

Hello Learned members,

As per advise by learned members i have been following the procedure
1. Sending RCR in soft words asking her to re-join matrimonial home
2. Sending some amount to Wife and kid voluntarily

Wife deserted more than 1 year. Kid is 2 year old at present with wife. No Civil/Criminal case so far. Husband is in very well position and highly qualified compared to wife and willing to take custody of child.

Please let me know what else can be done in order to get child custody in future and after what age can father file for child custody.





Learning

 3 Replies

Tajobsindia (Senior Partner )     15 June 2011

@ Author

1. How is SHE taking 1 and 2?
 

2. File for Visitation making grandparents as also party to said application and ensure if living in different states offer of temp. residence near child ordinary residence for visiting parties.

3. Get the visitation increased with time and when the child is nearing 5 years file for Custody of child.  


4. When child reaches play school age offer for complete education expenses to mother.

However, why not start full custody litigation at this age of child itself given to understand by the time child is 5 years some headway either way may happen ! OR you donot want to stir the NEST ;-) Whatever it is your path thread it balanced.


BTW, in majority of cases fathers better financial position is a big no to shift custody. It is welfare and best interest of child which inference positively in favor of father(s).

 


(Guest)

@TajobsIndia Ji,


1. No response for 1 & 2.


2. I know this question is very hard to answer, but according to your exp. how long does child visitation case runs ?


3. --


4. Yes , i will be more than happy to do so.


Yes i do not want to stir the NEST at this point in time. Are there any other points which we should keep in mind for custody.  Basically other party is treating kid as a part of chess and playing games as is the normal case with harassed husbands.


I have read your reply and questions on another thread and would like to answer them one by one , probably that would help .


Que. 1: In those two years what efforts natural father did to seek custody and or visitation of children?
--Called wife often to get to see/ play with child but denied by wife.

Que. 2: In those two years did the natural father paid voluntarily any maint. for up- keep of children to mother?
--Yes

Que. 3: In those two years did the natural father even filed a simple Police Report of removal of children from their original jurisdiction?
--No

Que. 4: In those two years did the natural father even sent any gifts of cloths / toys to children?
--Yes

Que. 5: In those two years did the natural father even undertook any exercise to see his children are admitted in good play-school?
--Kid is yet to goto playschool

Que. 6: In those two years did grand parents make any contact with their grand children?
--No


Que. 7: Does natural father has able bodied female at home who can maintain children?
--Yes

Que. 8: Are there any civil / criminal cases between parents?
--No

Que. 9: What are interests and inclination of children towards their own natural father in these two years?
--None, as kid is just 2 years old, hardly identifies natural father.

Que. 10: Why now after 2 years?
--

Tajobsindia (Senior Partner )     15 June 2011

@ Author

1. If there is real cry for once baby then post SERVICE on date of hearing same day the visitation Order shall be passed. If not passed next day approach HC on points of Law. Father succeed but think how many can do it !

2. Chess game - I think some months back I wrote something similar to Gender Chess whatever......what is new if children would not have been among parents gameplan then 'stridhan' game would have triggered so ultimately bechara Indian Men are nothign but a game material for toss and turns bro..:-)


3. Anyhow coming back to asked points; visitation shall be rights of the child not of father hence it shall be a go ahead without you becoming another TV serial in memory of your own child!. The basic justification here is "fatherless ness" once you grill this 'fatherly emotional' stark reality into the concerned Courts' assumptive minds automatically visitation gets activated come what may but then a father needs to show his genuine efforts on those visitation dates minus tu tu mai  mai of mother and slowly get them increased as per evolving age of a child.


You are right internet advises have limitations and so do PM advises unless and until a father cries out (means reach out) for his own flush and blood practically nothing could be formulated except some meaningful discussions here and there and no tailor made paras could suffice love and affection of both parents into the lives of a child.


It is totally different ball game around the world when child visitation / custody is on floor of a court neither you can bypass nor show remorse ness to this whole posterity process thy starting name "marriage" more so in close cultures such as Asian cultures where emotions starts and ends by being a child of society.


BTW, unlike maint. cases child custody cases also do not work on formulas it simply works on emotions and sentiments and which parent cries louder in Court with correct punch lines keeping welfare of child as paramount…………

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