Your child is only 7 months old

2) you would not be awarded sole custody your child

3) court would award you visitation rights of your child

4) welfare of child is paramount consideration

1) You can take the plea that mother is neglecting the child and in case she is awarded custody child would be neglected

2) Mention in your custody application that wife stays separate from her parents and there would be no one to look after child when she goes to work

Hi , you can apply for custody in family court .. But since the daughter is very minor the custody will be granted to the mother ..

1. You have to file a petition for child custody in the court. There is no alternative.

2. The courts seldom uproot a minor from the custody of his/her mother unless there is evidence forthcoming of a conduct that is unbecoming of a mother, but you will get visitation rights for sure. In a child custody petition the sole consideration for the court is welfare of child.

You should have understood their game plan before hand.

Claiming custody of the infant child may not be possible however in the same custody case you can file an application for visitation rights as an interim relief.

But she used to constantly neglect our daughter and totally dependent on us. Since birth my mother has been taking care of my daughter at our residance. Considering her bank job she would not be able to look after her child as my inlaws are living separate.

You can include all these informations in the pleadings of the child custody case, but as a general rule, the child's custody shall be with the mother till it attains 5 years of age.

Try your luck.

You may file a petition under section 25 of the Guardianship and wards act and seek custody of your daughter on the ground of welfare of the child.

Regards