Marriage advice

1. Custody case,Visitation right..

custody would be decided keeping the welfare of the child in mind. Visitation rights would continue.

2.Benefit of my son from Crpc125

Courts will always keep the welfare of the child while granting custody to one of the estranged couples.  It appears at present you have custody and he has the visitation rights. If you remarry, the circumstances may change and he is entitled to file application for reappreciation of the question of custody rights.  If he is not remarried and you are remarried, there is a likelihood that he may get custody rights and you may get visitation rights.  In addition to this, other factors will also be looked into to come to finanl decision about custody of the child.

If the child will be in your custody, you will get his maintenance under section 125 Cr.P.C.  

@ Adv.Chandu

If you remarry, the circumstances may change and he is entitled to file application for reappreciation of the question of custody rights?

does the will or preference of the child is taken into consideration ie wheather he wants to stay with his father or mother in deciding custody?

If the child is of intelligible age his/ her preferences matter

@ Shonee kapoor

the child is 7+years old.He is doing well in school with high grades.

as far as i know after 8yrs the natural guard of the child is his father...

so what would be the effect on custody then?

Dear Guest,

Father is always a natural guardian of the child unless he is declared unfit by the competent court of law.

Regarding custody, the best interest of the child is the sole deciding criteria. The law says "regardless of any provisions of law, the custody of child upto 5 years be normally with mother." That doesnot mean that the custody automatically shifts to father after that.

A case has to be filed by the father to get the custody and the court would decide whether the welfare of the child is with you or him

Naturally when the child is of intelligible age, his/ her preferences are also taken in accord.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

PS: Children should be treated with care, you should also have welfare of the child in mind rather than just possessing the child. If you think that the welfare is with you, contest any case filed for his custody, if you think otherwise, don't hesitate to give the custody to the father. God Bless You!