Divorce and child custody

SOME THOUGHTS about what should go in your consent terms or settlement agreement:

Retain the right to maintain any surname of your choice for you or for the child or the right to change the same at any time without any further permission required from the husband/father irrespective of your future marital status or change in any circumstances whatsoever.

Also, retain any and all rights that may accrue to the child in the future out of any inheritance or succession unless expressly denied in a will by the father/husband. Explain to your ex- that if something happens to him would he not have his own flesh-and-blood get it then have it go elsewhere? He always has the choice to deny to this child in his will if he marries in the future and has other kids whom he rather see get his estate so he has nothing to lose.

Have a clause to make it irrevocable under all circumstances and facts, known or unknown.

Have a reverse-clause that in the case of any eventuality/death, the father/husband shall not have any rights whatsoever in any assets, estate, rights and claims, of any kind whatsoever, of you or  your child.

Have it properly worded by a good advocate. I am sure there are other terms that should go in. Make it iron-clad. Makes life easy for you and the husband in the future if all issues are resolved and put in writing now. Ask yourself of all open issues? Insurance policies? Bank accounts? Co-guarantees? anything that you or he may have signed...

GOOD LUCK AND TAKE GOOD CARE OF THE CHILD!!! Guess you know what you are doing.

SOME THOUGHTS about what should go in your consent terms or settlement agreement:

Retain the right to maintain any surname of your choice for you or for the child or the right to change the same at any time without any further permission required from the husband/father irrespective of your future marital status or change in any circumstances whatsoever.

Also, retain any and all rights that may accrue to the child in the future out of any inheritance or succession unless expressly denied in a will by the father/husband. Explain to your ex- that if something happens to him would he not have his own flesh-and-blood get it then have it go elsewhere? He always has the choice to deny to this child in his will if he marries in the future and has other kids whom he rather see get his estate so he has nothing to lose.

Have a clause to make it irrevocable under all circumstances and facts, known or unknown.

Have a reverse-clause that in the case of any eventuality/death, the father/husband shall not have any rights whatsoever in any assets, estate, rights and claims, of any kind whatsoever, of you or  your child.

Have it properly worded by a good advocate. I am sure there are other terms that should go in. Make it iron-clad. Makes life easy for you and the husband in the future if all issues are resolved and put in writing now. Ask yourself of all open issues? Insurance policies? Bank accounts? Co-guarantees? anything that you or he may have signed...

GOOD LUCK AND TAKE GOOD CARE OF THE CHILD!!! Guess you know what you are doing.

Sir,

Thanks a lot for your guidance.I will try to add these.  Will the above clause  i mentioned good enough to show a custody document which passport authorities ask ? Or should i explicitly get any decree from the court granting me custody ?

Since we have called out that i will be the legal guardian , isn't that enough for others ?

Everything I suggested and what you included MUST be through a Court-approved settlement. Otherwise it is a mere piece of paper open to future litigations.  Some countries like USA require that minors not be allowed to travel without written consent of both parents. If you are going to be the sole custodian/guardian you better have a solid court-sanctioned document which you can use without any doubts raised by any authority. How can you even think of claiming sole custody without a Court of proper jurisdiction authorizing it? Did your advocate not tell you this?

Try to get everything done in ONE MASTER settlement agreement sanctioned and approved by the Court with the approval of your husband.  Make sure that your husband is represented by an advocate and that the signature of the advocate as well as your husband are on the court-approved consent document.

Though Court-approved, in law of contract, there is always a need to show a give-and-take. That is, for everything you got, you should show that you gave something in return. So, the agreement should say something like:

In consideration of Ms. xxx agreeing to forgo maintenance or permanent alimony and bla... bla... bla..., Mr. yyy agrees to the following:

Here the terms follow...

I am trying to give you a full-proof agreement which will be difficult to challenge in the future either by your husband or any government authority anywhere.

None of my business, but I hope that you have thought hard about separating your child from the father. My fee for the consulting advice?Take good care of the child, which I am sure you will!!!

Also, when it comes to use of terms, more is better than less. So, include rights of sole custodian, legal guardian, and whatever else you can think of which may be equivalent for every right you are getting. The reason? They may mean different things in different legal systems across the globe. You better have all of them in the agreement though a plain reading may give the impression that the use of similar terms is superfluous.

HI, 

I wanted to know the custody of child in the case which is related to my brother & his wife.

My  brother is well educated and well settled monetary wise. His wife is a housewife and have a 1 yr old daughter. My mother she is a cancer patient, and my father is a business man. My brother's wife neither takes care of her daughter nor of my mother. Complete medical care my brother is taking care of my mother. His wife is not worried about a single household work, inspite of 3 housemaids which my brother has kept for my mom & her daughter and also for cooking. Despite of so much domestic help and support from my brother she doesnt show any affection or love towards of any of my family members. 

Everyday some or the other nuisance from her end, my relatives, my neighbours everybody is aware about my sister in laws nature and her carelessness. But my brother is worried only one about one thing and that his daughter's custody which he wants since his wife will not take care of her for sure and because of which he is afraid to file a divorce. Kindly help what to do.