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Shafeeq   13 September 2017

Permanent custody of girl child by father as mother has remarried.

Both parties are muslims. Wife gave custody to husband after filing consent terms. Presently custody is with father whilst mother has overnight access. Now the mother has remarried. Is she still eligible for overnight access ? Can the father obtain permanent custody of the girl child aged 11 yrs ?. The original appeal was filed under Wards & Guardians Act and the same has been disposed by filing consent terms.


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 3 Replies

Amit   14 September 2017

Dear Shafeeq Ji,

So nice that you have the custody of the Girl Child, its very rare. I am in the similar situation and I got divorced under section 13b and 7 years old girl child custody is with me.

I am facing problems in obtaining passport, Change of name in school records and Aadhar card as the birth certificate is showing the name of Biological Mother, But in my case I am remarried.

Schools and Passport Office needs the adoption deed signed by the biological parents, so adoption is necessary and try to speak to the biological mother of your kid is she can give you the adoption.

There are different types of Adoptions and try to opt for closed adoption if possible.

All the best and good wishes.

Regards,

Amit 

Shafeeq   15 September 2017

Amit ji. Recently here have been several changes in rules as regards to issue of Passport. Even a single parent can apply. I 
suggest you contact a decent travel agent who will help you. 

Regards.

Shafeeq

 

 

 

 

Adv Radhika Mehta (Advocate)     15 September 2017

What do you mean when you say permanent? There are no permanent orders when it comes to children. Also when the husband has already been given the custody of the daughter, what custody is he now seeking? Or does he want to deprive the mother and not allow her to meet the child just because she is remarried? Anyway, Mother continues to be eligible for overnight access unless the father is able to prove that the new environment is not conducive for the daughter. 


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