Raj (Self) 17 March 2016

Child custody proof

Me & my Ex-wife got divorce recently through MCD. The MCD papers seems to have two parts (1. decision & 2. decree) the decision pages talks about the physical custody of the kids to me. But the last page does not talk anything about the child custody.

Can someone help me understand:

1. What is the real decree - the whole bunch or just the last page saying "DECREE"

2. Suppose if I want to prove that I've the legal custody of the child, should I produce the whole bunch?

3. Should the last page "DECREE" say about the physical custody of the child?

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2 Replies

Vijay Raj Mahajan (Advocate) 17 March 2016

Decree of divorce is just one page document that only mention about dissolution of marriage only. The judgment of the petition for divorce is 3-4 pages that mentions about the settlement of issue like alimony and maintenance, child custody, property settlement between parties, settlement of istridhan etc.

You must show both the judgment and decree to prove the custody of the child for you as declared by the court.