vijay (M) 02 March 2012
I have been married for 13 yrs. I was separated from my wife and family for 2yrs due to job requirements, and in the meantime my wife and sons 14 and 8 were staying with my inlaws. for last six months the kids have been with me. my wife does not want to live with me after these yrs of separation and abondoned my kids and me three months back. now she wants the children back. how do i fight for custody of my kids and what are my chances of success
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 02 March 2012
Mr.Vijay,
In Child custody cases - it is not the rights of the father/mother that are important - the germane consideration is welfare of the child. Whose custody is conducive for the child's overall psychological/education development. and since in this case children are old enough to make a preference - their wishes would be considered as well. A lot of factors go into deciding the custody of child.
vijay (M) 02 March 2012
what could factors could be positive for me ?
Tajobsindia (Senior Partner ) 02 March 2012
1. Child are living with you hence Court will not disturb physical residence of children
2. If you are taking good care of children and same gets exhibited by their upbringing then during course of Court proceedings (interview of children) they will themself speak of their wishes to stay with you.
Is there any custody case live on floor of Court Or we just visualising as same is not mentioned clearly in your brief?.
vijay (M) 03 March 2012
Case is not live yet. I am getting all sorts of threats from my outlaws. From their behaviour it appears it is bound to go to the courts. I have all means of conciliation but I am getting only abuses.
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