Welfare of child is paramount consideration
2) you would not lose custody of child on remarriage
3) court would award you custody of daughter as she is only four years old
Custody of child after mutual divorce
I got mutual divorce from my husband 4 months ago. We have a daughter of 4 years old. There are no legal agreements about the custody of my child. Now she is with me. I am going to remarry next month. I want to know after my marriage, if my ex husband files a case on custody of our daughter, can i claim the custody of my daughter as a mother? Do i lose the primary benefit as a mother after remarriage? He is not remarried. We were married under special marriage act. Kindly help
Asked 7 years ago in Family Law
Religion: Other
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4 Answers
1.If the child is with you then you are not required to file any custody suit.
2.Rather your ex-husband will have file the same.
3.And if he files the same then you can contest the suit on merit.
4.DO note that remarriage of mother is no ground to lose custody of the child.
The Supreme Court of India has consistently held that in deciding cases of child custody ‘the first and paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute. In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother Gender is not a consideration in deciding matters of child custody and guardianship.
You would not lose custody of child on remarriage .If nothing is specified about the custody of child in the mutual divorce petition and your ex husband want the custody of child, then he should file new application for the same. In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother Gender is not a consideration in deciding matters of child custody and guardianship. The HMG Act postulates that the custody of an infant or a tender aged child should be given to his/her mother unless the father discloses cogent reasons that are indicative of and presage the livelihood of the welfare and interest of the child being undermined or jeopardized if the custody is retained by the mother.
Your remarriage is not an impediment for the child custody.
Since your child is in your custody, you may not have to worry about the custody.
If he is interested in the custody of the child let him file a case seeking the custody on the grounds he relies upon.
You can challenge his grounds and can convince the court about the reasons for retaining the custody of the child with you.
The court will consider the child's welfare which is of paramount importance.
The court will decide after ascertaining both the sides arguments on this subject
