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dj_jayants (service)     04 June 2016

Child custody to father

we are separated now from 13 years married life and she remarry with her lover. her relationship is 4 years old. i have two children, girl 9 yrs old and boy 7 yrs old. Can I take the custody of my childrens. What next.



Learning

 3 Replies


(Guest)

If you did not re-marry, you can as well ask for custody of your children, court will be more than happy to grant custody of your kids to you, take Anil Kumble case as reference.  But on the other hand if you remarried, then it will be tough time convincing the court to handover custody of kids to you.

 

Eitherways I advise you that you both sit together and decide on allowing you to meet the kids on as required basis instead of going to knock on doors of court.  Court may order visitation rights if it does not grant you custody of your kids, but if the opposite party does not comply with orders of court (in some cases even custody is given to father) you cant do anything more than going for execution proceedings, all this will only cause trouble to the children, huge public insults for the kids and also you both, and never ending litigation.  These cases go on till the kids turn adults in eyes of law.

 

So before knocking doors of court, sit and think in co-ordination with your ex-wife and formulate a plan, a understanding where you both can decide on whats good for them and not and be good parents to them.

 

But once you go to court, sab nange.

saravanan s (legal advisor)     04 June 2016

You can ask for child custody under guardian and wards act.while granting custody the court would take into consideration the child's wish and decide accordingly.

saravanan s (legal advisor)     04 June 2016

Helping hand had given sensible advice

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