Where to file custody of child

Child custody should be filed where child is ordinarily residing. (e.g. Wife's parental home city)

Dear Seniors,

can father file child custody from his place where family last resided together.Is there any law or for the convenience of chldred.Can expartee decree come if mother and her kids are not produced.In what case writ is issued.

Rgds,

Raj

Custody petitions under Guardian and Wards Act are filed only where the child ordinarily resides and only that court has the jurisdiction.  It has no relation to where the child's parents live or their marriage is solemnized or where the family has lived together.

hello,

acc to section 9 of GWA-

If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides.

regards-

rahul.gogreen@gmail.com

please elobarate "child ordinarily resides"

Ordinary residence of the child means where the child lives, plays, goes to school, sees the doctors etc.  The word ordinary is used here because one can visit other places (including the non-custodial parent), stay in hotels, go on tours etc, but such places can not be treated as address or jurisdiction for filing guardianship/custody petitions.

In the case of married couple, the ordinary residence of the child is the matrimonial home.

One parent can not change the ordinary residence of the child without the consent of the other parent or without a court order.

Controversy of the ordinary residence arises when the child is moved forcefully or without the consent of the other parent.  

Such cases have to be contested immediately, if not  then in 6 months the ordinary residence shifts to the place where the child has been moved to, and has been admitted in school.

@Raj:  You need to provide more details if you require specific answers to your problem.   Otherwise, it is as simple as the current residence address of the child.