CUSTODY OF A CHILD 11 MONTHS

plz help me

You can have the custody of the child with you. Though under the Hindu Minority & Guardianship Act, the mother is normally the natural guardian of a child till the age of 5 years, you can keep the custody of the child provided you are able to substantiate your case. You need not file any case for the present as the custody is with you. Let your wife claim the child in a court of law where you can putforth the case against her.

I concur with the views of Mr. Yedul.You need not to initiate the proceedings as you are the first natural guardian of the child.

You must file a custody petition and prove her illness and that the welfare of the child being of utmost importance giving custody of the child to her is ruining his life.

Can father have a custoody of children. what are the other option to get the custudy. It is true that the father can have a custody when children become 5 year old. Please advice

Father can have the custody if he is able to proove he is the better parent in the interest and welfare of child or if the mothers charcter or conduct is inappropriate for the child.say she is into adultery or some anti social conduct. Its uphill task though.

In many custody cases, one parent alleges that the other parent is an unfit parent, and they should not have custody. In this type of case, the court will order an evaluation of the parties. These types of evaluations are called a best interest investigation, a risk assessment, and/or a psychological evaluation. A risk assessment is an evaluation that is provided by the court on request. A risk assessment is usually requested when one parent is alleged to have an alcohol or drug problem. A risk assessment is also often requested when one parent has a history of s*xual abuse. These types of cases are the nastiest. For a risk assessment, a member of the Probation Department will go to the parties homes and determine if it is safe for the child to have visitation there. Many courts are just overwhelmed. Another type of evaluation conducted by the courts is called a "best interest investigation." This type of investigation is also performed by the Court . There is no charge to the parties for the court to conduct this type of investigation. This type of investigation looks into the character and fitness of the parents, the economic condition of the family, and the financial abilities of the parties. Finally, a court can also order a psychological evaluation of the parties. Whether a court grants an application for a psychological evaluation will depend on the individual judge. A psychological evaluation is costly, and the parties must also pay for this expense. If your health is only marginally better than your spouses, such as you exercise daily while he or she is on the couch, then a judge will likely ignore this. If, however, your health is significantly better than your spouses, who has a chronic or serious disease, then a judge may consider health in deciding custody. This does not mean, however, that a disabled parent is automatically out of the running to become the custodial parent. The disability will be one of the factors considered by the judge when awarding custody. If the disabled parent can meet the child(ren)s needs and provide a good, stable, home environment for the child(ren), the disability may not be of any relevance. If, on the other hand, one parent suffers from a mental disability that would make caring for the child difficult or next to impossible, of course this would be become a major factor. If the mental disability can be successfully treated by drugs or other methods and would not pose difficulty or danger when attending to the child, it may not be as relevant. Be aware that some judges in some states still have a prejudice against mental illness when deciding child custody and believe that any mental illness renders a parent unfit. Again, your lawyer will be able to advise you on this issue. If you are the parent with the mental disability, be prepared to demonstrate that your disability is being treated and/or poses no difficulty or danger when attending to the needs of your child(ren).

It is well settled law that the welfare of the child is paramount consideration, as your wife is suffering from various pschatric deceases, it is suffice to show that she cannot maintain the child in proper manner, As the custody of the child is with you, you dont move to court, let your wife to move custody petition, then you can very well prove your case against her.

Shaheen Thx, But my wife is women with good character, the only difference araised between us, she want me to live with her parents, and file a dowry case, She is Illetrate, and I want to educate my children one daughter 3 1/2 year and son 21/2 year, I am working with school, I am having free education., Hence, whether I have a write to take custody of child or not

Dear Y.Prakash As u mention that father can have a custody of children after 5 year, can u please send me mail the detail at azmathullah9@gmail.com Thanks

Azmath, the Courts priority consideration is childs welfare. But your children seem very yuong and they need someone to look after them to my mind though you can provide best of education but as the children are very yuong its difficult that you will be able to get custody.Can't you have some proposal to present before the court after filing custody petition say an arrangement with her about sending them to the school you choose. do you have a mother or sister at hoem who'll look after children while you are away to work. Azmat child custody is very sensitive issue and its life of children. I suggest you find good lawyer and take decision with sole interest of children in mind.wish you luck

ya its true but the thing is u r able to maintain the child.in case the mother is not capable of look after her child or is of loose character the father is entitled to have the custody of the child even before the child become 5 years old as child welfare is of paremont consideration

it all depends on the condition of mother to maintain the child like monetry, education, environmental condition, family values...everything is weighted by court and if it seems that the costody is well prefered to father than courts make order in favour of father ...and accouring to mohm'd law it clearly states that till female child attains puberty the custody of that female child will be prefered to mother. but it can always be challenged on grounds of preffered condition for overall development of child.

Although mother is a natural guardian for the minor till four years of the age but you have a good case, claim the custody of the child which i think will be given to you.