Anonymous2 (Private sector) 18 September 2018

custody of kids after divorce

I am 34, working in MNC. My husband is 37, working with MNC. We live with my in laws who never allowed us to have a cordial relationship. All they wanted from this marriage is kids. I am struggling to find a spouse in this 9 years old marriage. We have 2 (twin boys) kids, 8 years old, who are taken care by in laws at home during day. As obvious, Kid's day in day out & studies taken care by me. I never wished divorce as it will destroy kids future but in laws have left no choice for me. My husband is their puppet. In case of divorce, I want custody of both the kids but my in laws & husband will not give in easily. In any case I do not want to separate the two kids from each other. I also can't live without them. I need to plan properly to get custody of both. To begin with, I need to know the following
1. In such cases, which parent is granted custody usually?
2. After which age, kids will be asked for their preference ( with which parent they want to live)?
3. which other factors will affect the decision of court?

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2 Replies

Vijay Raj Mahajan (Advocate) 18 September 2018

Why you want to dissolve you marriage when the responsibility of two children will be coming exclusively on you. No doubt your husband will share the financial expenses of the children but now you have in law's to take care of children in your absence, but divorce when you take the custody of both children who will take care of them in your absence. More so even if you able to secure custody of children, your husband and in laws will definitely get visitation right for children to keep them for some period of time based on days in a week etc. The purpose of divorce is reasonable if the party or parties want to get remarried to someone else, if that's not the reason getting divorce at this age with two children to take care is absolutely wrong decision. The custody of children is based on cardinal principal which is welfare of the children. The paramount consideration in the mind of the court is welfare of children while deciding with which parent the children will be best placed.

Anonymous2 (Private sector) 18 September 2018

Thanks for your kind advice Sir. My sole concern is mental peace which I can't get living with in laws. They keep creating rifts & troubles in personal & professional life. I have given up on my relationship with husband, but can't give up on my kids. They are the only reason I live. I never wished to separate husband from his parents. The only thing I wanted is peace of mind. Regarding taking care of kids in my absence, I too have my parents to take care of them. There is no question of refraining anyone from meeting kids. I am fine even if they meet daily. I just want us to live in a separate house with no tension. I can handle all finances, everything.