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Q.Wife demanding custody of 2 yr old male child custody from spouse living seperately

Q. Wife demanding custody of 2 yr old male child custody from spouse living seperately

Wife has sent a legal notice demanding custody of a 2 yr old child from husband who is living separately. Husband is willing to comply. Please advise whether any legal documentation is necessary

Showing 3 of 3 Responses

A. Dear client, although father is ist natural guardianof the child but custody of the child upto 5 years remain with mother. For details, pl. contact some family advocate through vidhikarya.com

Rajender Prasad

Experience: 5 Year(s)

Responded 1 month ago

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A. Dear Sir,
It is a rule that custody of minor children will go to the wife.
You can mention this in the petition separately if you want, otherwise also it is not an issue.

Vedant Lakhotia

Experience: 3 Year(s)

Responded 8 months ago

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A. Dear Umesh, According to The Guardianship Act mother gets the physical custody of the child who is below 5 years of age and the father can have the visitation rights. So, if they have applied for divorce suit then there is no need for any other documents. Just add this in that petition. if they haven't then prepare a petition and file it before your Family Court or District Court with the help of an advocate.

Purbasha Roy

Experience: 4 Year(s)

Responded 9 months ago

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