Child custody application

1. legal if you want the custody as kid is only 2 years is not possible \

2. first go personally to where she is staying, see the situation, discuss with her if possible better take her close family members with you and agree her to get married after that you have full rights on the kid

3. what drug is not clearly understood from this query

4. you should have applied birth certificate on behalf of your kid

Dear sir, Thank you for your reply 1) i hope there is a way for getting the custody of my child.

2)after i moved from kolkata they have relocated to another house ,the mother of my child is never in any state to talk or be open for any kind of confrontation .. the mother of my child has a family of 3 women there is no man in the house as she has lost her father in the year 2005 elder  brother working abroad and they havent allowed me to meet my child for the past one year neither do they provide the address where they are currently located

3) the drug tht the mother of my child consumes is corex which has a drug substance called coedine and the consumption is 4 bottles a day unless the drug is consumed the mother of my child is not in a state of mind. earlier i wasnt aware of the side effects or the severity of the drugs when i started doing a research its been abused to a large extent like a city in kolkata.i did approach narcotic anonymous so tht she could be counselled for a rehab for the betterment of our future the mother denied it and so did the family support her decision as going into a rehab would put her familys pride and name at stake.

4)the child was born at home... i am not a  native of kolkata. during the time of  the birt certificate i need to furbish important documents from the mothers side ....later i discovered the mother of my child doesnt hold any documentations or has misplaced or any valid govt id like ration card aadhar card election card passport nothing ...the family didnot hand me  even her school leaving certificate so tht i could apply for documentation on her behalf.....if i cannot furbish the mothers documents no corporation will provide me the birth certificate i have made several attempts.

5) the family of the mother is no less culprit wen it comes to covering her drawbacks to keep their pride ...today i dont have access to my kid ...i have no idea about their whereabouts my kid is gonna turn 2 in the month of august the only source of communication is every week i recv messages threats for money and lies hoping tht i will be able to see my kid but tht never happens for the past one year i have been paying money every week for my childs welfare as its my moral responsibility towards my kid but i am afraid its been misused.

dear sir,

initially she was using my citibank ac as wen i left the city she had m debit card and i used to wire the money every week into my citibank ac she used to use the card the left her wid to widraw the money once she lost the card i was asked to deposit the money into her moms ac ie my childs grandmothers ac.

This is a child from a live-in relationship. Legally, a mother is the natural guardian of an illegitimate child. The fact that you are not married to the mother of your child, puts you in a disadvantageous position. However, as you said that the mother of the child is a under excessive influence of drugs is the only point that may work in your favor considering the welfare of the child. so, you can try to approach the court. Consult a very good local lawyer bcoz it is not an easy case, as not only the age of your child is very less but also there is a question of legitimacy which is a crusial factor in determining custody & guardianship of your child. You may have to prove the paternity in the court if required.

As correctly observed by learned Advocate Ms. Archana, in the absence of legal marriage between yourselves, it is the burden on you to prove the paternity of your child.  This you can prove by adopting  DNA tests if allowed by court on your permission before it.  You have to prove her drug addition too before the court in order to get the custody of the child after proving yourself as the biological father of the child.  In the meantime, you can also approach the local birth and deaths registrar's office and find out the formalities for registration your  child's birth, if it is possible to register at this stage do it or you may apply for birth certificate through a court of law following the formalities meant for the purpose. Under your present situation, no reconciliation will be possible hence it is better that you stop sending her the monthly maintenance amount so that let she come out with legal assistance claiming the same then you have a better chance to confront her as well as the burning issues in question.  Consult a local lawyer expertise in such cases  and proceed as per his advise