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Q. Child custody

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Anonymous

posted 9 months ago

Both parents are working. I have 4 year old girl child. We decided we are not living together. My wife is a physically challenge so she cant take care of my child. So I liable for child custody. Please help me before going further process.

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A. Please file a suit of divorce under mutual consent.
As per the basic provisions of LAW since your child is a below 5 years then the mother will have the custody of the child. But if you can pore that she is not capable of bringing up the child, then the custody can be given to you.

Vedant Lakhotia

Experience: 3 Year(s)

Responded 9 months ago

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A. Dear, You have stated that both you are working. That means your wife is able to go to work and capable of doing every day regular work. So, it will depend upon the court discretion. On the other hand your child is below 5 years of age, and according to The Guardians and Ward (Amended) Act the mother can claim for the physical custody of the child and the father can have the visitation rights.

Purbasha Roy

Experience: 4 Year(s)

Responded 9 months ago

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A. Physically challenge is not deciding factor.Only the parents mutually agree and decide. If there is dispute or issue it is better to consult a family Advocate who will guide & help in the child custody process.

Ambrose Leo

Experience: 9 Year(s)

Responded 9 months ago

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