Dev (xxx) 29 May 2013

Child custody

Dear Experts,

I am husband and due to irreconcillable differences I and my wife are staying apart from 2 yrs and we haven't taken any legal step yet. She had left my son with me when my son was 4 yrs old (now he is 6+). I am taking care of child with all aspects.

I wanted to know whether I should file child custody. Asking because child is already with me. She is currently staying and working in different city with her parents. I have a fear that she might take my son from his school though nothing has happened in this regard. It's just a fear.

Regards

Dev

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 29 May 2013

Do not file anything when you do not need to. The child is already with you so there is no question of asking for his custody. Just let things be as they are. If you and your wife decides for divorce in the future then, the question of custody can be decided at that time.

1 Like

RAHUL KANSAL 9041629676 (ADVOCATE) 29 May 2013

agreed with archana

Have a Heart Foundation (Sales & Mktng) 29 May 2013

Also,Write a Letter to School Principal stating that the Mother has abandoned the Child and the Custody of the Child is with you. State that, the mother should not be allowed to take the child away without your written permission and Incase if mother approaches school you should be immediately informed about it. Instruct them that, Mother should meet the child in the presence of school teacher and she should not be allowed to take out nor she should be issued the school leaving certificate. Further, if the child is taken away then in that case the school authorities will be held fully responsible for all the consequences.