Child's Custody
3 years ago
Due to family issues my wife does not wants to stay with me. We have a 5 years old daughter. Since last 2 months my wife is staying at her fathers apartment with our daughter. She has very clearly expressed her intention, not to stay with me any more. Separation or divorce is not a necessity for me, as far my daughter's welfare is concerned. What are the chances of the following things for me,
1) Full legal and physical custody of my daughter
2) Getting 50-50 custody
Mradul Bhatnagar
Responded 3 years ago
A.Being a female child court looking to the betterment will propably not give sole custody to you unless and untill you justify court that you have financial resources and your parents are ready to take care of your girl child.
On part custody it is beneficial for you because you will meet with your daughter and that will help you to maintain your relationship in terms of care and affection. So that your child will not loose confidence in you.
On part custody it is beneficial for you because you will meet with your daughter and that will help you to maintain your relationship in terms of care and affection. So that your child will not loose confidence in you.
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A.Decide it among yourself mutually as to who should keep the child and go ahead with divorce and file a separate child custody case.
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ADV. ANISH PALKAR (High Court)
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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Sanjay Kumar Jha
Responded 3 years ago
A.You can get custody of 5 yrs girl child from court after satifying court that who is in better position in every respect or after considering better care takers for her education and day to day look out. And finally if 5yrs child wishes to be with her mother, then in that case you would be permitted to hav weight to visitation as per convenient to child and ur wish , which court may put on order for doing so.
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Sidhaarth
Responded 3 years ago
A.Generally in case of girl the court prefer custody with mother but being father you are entitled to meet daughter on regular interval. You can talk to wife and can make a mutual arrangenent toeet daughter on regular basis on mutually agreed terms. If wife does not agree for mutual arrangement then you can file a case claiming custody of daughter where you can also ask meeting and visiting rights as interim relief. Also consider for divorce as there is no reason to continue with such dead relation.
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Jagannath S Pawar
Responded 3 years ago
A.Yes you can file for custody or visit rights and obtain necessary relief. Alternatively you can send Legal Notice to ur wife for coming back to reside with you.
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Advocate Niyas Fazal A
Responded 3 years ago
A.Upto 5 years of age usually custody award to mother
After attaining of 9 years of age the child can prefer
And moreover the welfare of child is important than claim.
After attaining of 9 years of age the child can prefer
And moreover the welfare of child is important than claim.
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JP Legal Associates
Responded 3 years ago
A.Your daughter being just 5 years old, you can get visitation rights to your daughter from the court or else you and your wife can mutually decide for your access to your daughter on regular basis which is in the best interest of your child.
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A.Hi,
1. Courts tend to side with the mother when it comes to questions of custody. As such, it is difficult for the father to obtain sole custody, unless he has clear proof that the mother is unfit to raise the child by herself.
2. This can be settled over the course of the separation, there is a good chance you can get equal custody if you express genuine interest in your daughter's wellbeing.
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1. Courts tend to side with the mother when it comes to questions of custody. As such, it is difficult for the father to obtain sole custody, unless he has clear proof that the mother is unfit to raise the child by herself.
2. This can be settled over the course of the separation, there is a good chance you can get equal custody if you express genuine interest in your daughter's wellbeing.
If you found this helpful, please rate us.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
1. Very unlikely, Courts tend to favour the child's mother. It is very difficult for the father to obtain sole custody unless he can prove that the child's life and safety will be at risk under the mother's care.
2. If you and your wife have a good relationship and are equally attached to your daughter, then there is a good chance of you being given equal joint custody.
If you found this helpful, please rate us.
1. Very unlikely, Courts tend to favour the child's mother. It is very difficult for the father to obtain sole custody unless he can prove that the child's life and safety will be at risk under the mother's care.
2. If you and your wife have a good relationship and are equally attached to your daughter, then there is a good chance of you being given equal joint custody.
If you found this helpful, please rate us.
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