Child custody - suggest a strategy
I am a educated professional running a successful firm, belong to a educated and well off family. My ex-wife is 12th pass, belong to lower middle class family with no educated family members.
Divorced her as I caught her cheating and discovered she was involved in adultery, despite being forgiven once she continued cheating so I finally divorced. The boy is of 3 year old & is with her.
Recently my child was sick for over 3 weeks and she did not get her treated, when she finally went to hospital the hospital advised admission which she refused. We have report form hospital stating the boy was sick for 3 weeks and she declined him to be admitted. Endangering his life...later he was disgnosed with severe blood infection and treated I paid for the bills.
- Highlighted above medical carelessness by mother. - Submitted hospital records.
- She has suicidal tendencies - Submitted Her self written suicide note.
- Highlighted her cheating and adulterous nature. - Submitted her written confession and apology letter.
- Her pics with boyfriend in hotel room - Subitted the pics to court.
- Whats app and Facebook chats - All submitted to court.
P.S: All documents and pics and other calims in my petition are 100% genuine.
-She denied all charges and termed all the documents as forged.
-But accepted she was sucidal after divorce and her parents stopped her.
- She is claiming I am after the life of the child and I was to kill the child.
The counter was submitted last week and I have enquiry this week.
- What to expect during enquiry?
- What are my chances of getting intreme and final custody mainly on medical reason?
- If my intreme custody application is turned down my family court, do you see potential in appealing the case to high court?
Most of the lawyers I met , even those who do not have commercial interest in my case, are very hopeful.
Your opinion and if you can suggest a strategy or points I should highlight to the court.
Asked 5 years ago in Family Law
Thanks for your all reply.
My questions again remain unanswered. I know for minor child the court will prefer mother. Unless proved that she is unfit. That much I have researched online and experienced.
In view of the proof I have, is it enough to hold mother not suitable? Like negligence in medical care, which was quite serious BTW. Her sucide note and her own confession in counter about sucidal feelings and her current affair and adultereous character.
I need your help an guidance in order to use the above points to my benefit. How should I play those points?
My other important question was: Currently only I.A is being heard, the main O.P will be in August. If I am turned down on intrem custody can I move High Court ? And will the above points be useful in High Court?
Thanks for your valuable inputs
Asked 5 years ago
Thanks for previous responses.
I.A was to be heard last week due to some circumstances, I missed the date and the Family Court judge gave date after 2 months last week of August. Despite requests from my counsel and opposing counsel for date to be within a week.
On 28th Jun I filed for Advancement Petition and the judge dismissed the same saying there is no urgency. Did not even allow me speak and express my side.
My lawyer after consulting few senior lawyers, planning to approach High Court and file C.R.P based on dismissal and says he is hopeful of getting custody 99% is this move advisable? Can C.R.P be filed in family cases as the case is not dismissed yet?
For your review I have uploaded few pics please copy and paste below link in browser.
- There is a video showing my ex-wife taking away child forcefully from hospital against doctor advise.
- Pictures of my ex-wife in Hotel Room.
- First visit to hospital 20th April...temp 99 and weight 13.8KGS no other problem.
- Second visit to hospital 13th April....Temp 105, weight 13.1, many other problem including vomiting, cold cough. First line says On and off fever for 3 weeks. Middle right side says Admission Advised and Refused. Upon invistigations he was found to be having severe blood infection.
- Whatsapp screen shot, her boy friend requesting her to not chat atleast for the sake of Abdullah ( My son) but she says how can she stop chatting as she cannot live without her boyfriend.
Please advise if I can hope for relife @ High Court during C.R.P, and action and hope @ Supreme Court if I am turned down @ High Court.
Asked 5 years ago