Hi sir My wife currently staying in her mother house post second delivery... Currently first baby is with her only. My first baby age is 2 years 2 months. My wife not allowing my first baby with me to my native to show her to my parents. Do I have legal rights to bring my baby with me and stay with my parents for a couple of days. When I ask her to allow my first baby with me, she threatened me if I bring my baby to my home town then she will file a police complaint against me. My daughter also very much affection on her grand parents. Currently my wife and her mom alone staying, my mother in law also stay away from her husband. Both my mother in law and my wife sometimes behaving with my daughter very rudley by verbally obusing my daughter in very worst words. I have some evidence of phone recording of my wife and mother in law scolding my 2 years daughter in volger words. Also my wife and mother in law both using some bad words in front of my 2 years baby. Please suggest do I have legal rights to keep myself as legal guardian for my baby because of circumstance of currently she facing. I have all the phone recording evidences of theri conversation. Please some one help me to see my daughter and her carrier.
1. The biological parent has right of visitation of the child which include the right to temporary keeping the child as well.
2. Now if your mother refuses to exercise this right then you can file suit for custody of the child.
3. If there is any pending DV case you can seek this right of visitation as well.
4. Your parents though have no right of visitation of their grandchildren.
Dear Client,
These are succifient ground to grant child custody in your favor. While granting custody, child welfare is paramount importance.
File application in court to declare you legal gaurdian.
In Indian laws, there is no separate notion of physical and legal custody. The custody for child for Hindus is determined by Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956. HMGA 1956 has overriding effect on GWA 1890. An important provision in HMGA 1956 is Sec 13 which states that “Welfare of minor to be paramount consideration”. With that clause, the favourable clause 19 of GWA 1890 towards fathers for child custody has been overridden. In practical terms, it has meant that child custody can be more easily granted to women in interest of child’s welfare.
Now to evolve strategy for men for child custody, few things have to noted in laws:
HMGA Sec 6 (a) gives custody to mother for child less than 5 years old. So it will be difficult (or maybe impossible) to fight for custody of child less than 5 years old if woman insists on custody. However, it is not impossible and that is the beauty or maybe unfortunate thing about child custody cases.
You can ask for visitation rights for court twice in a month.
You can file application seek joint custody of your daughter
2) court would award you visitation rights
3) file for divorce on grounds of mental cruelty if wife refuses to return to her matrimonial home
4) contact a local lawyer
Sir you can file child custody petition before the family court praying before the court the permanent custody of your daughter on ground that welfare of child is being affected due to her mom 's abusive behaviour. And in custody the prime concern is welfare of child so the court can decide it in your favour
Right to child maintenance Husband and wife must provide for their minor child. If the wife is incapable of earning a living, the husband must provide financial support.. For minor child under 5 years old the custody is goes to mother only. But father have rights to visit.
Try to settle dispute amicably through an mediator.
You have legal rights but right now if she will object to give the child to you then you will not be able to take her. First serve her a legal not then if she is still not handling the child then you can file custody petition
There's nothing wrong in filing child custody case even though the law says that the child shall remain in mother's custody till it attains5 years of age.
You can present your argument to convince court about the pathetic condition of the child and the turmoils she is forced to face in that atmosphere.
You may produce audio recordings before court by complying with proper procedures in that aspect to establish your allegations against them.
Discuss with your lawyer on all such further issues.
Right now, since there are no proceedings pending against you, you can go to your wife's mothers house and get the minor daughter away with you. As a father of the child, your wife cannot initiate proceedings against you for taking the minor daughter away. This is better than initiating proceedings against your wife for custody and access as once a case is filed, the situation will only go from bad to worse as your wife will all the more deny access to you. So get the minor daughter to your place while you can. I would, however, advise you to do so tactfully without your wife getting an inkling of your intention to keep the daughter with you permanently. Once the daughter is with you for sometime, it will be difficult for your wife to get her custody.
Dear Sir,
Now-a-days the child custody as become very sensitive matter and you must handle the same cautiously otherwise it may leads filing of cases and counter cases and ultimately resulting in divorce with big alimony. Try to get help of mediators and common friends to settle the matter amicably.
As per Section 6 of Guardian act,
(a) in the case of a boy or an unmarried girl-the father, and after him, the mother: provided
that the custody of a minor who has not completed the age of five years shall ordinarily be
with the mother;
But your case can be bring under below area as SC given verdict favour to you one of the similar case
an unfit parent is governed by state laws, which vary by state. A parent may be deemed unfit if they have been abusive, neglected, or failed to provide proper care for the child.
One parent has been proven to be an abusive and unfit parent and the other parent is granted custody.
Dear Sir,
Child custody is one of the most emotional topics that the judiciary is supposed to deal with, almost every day. In legal terms, child custody is the process of allotting a right to one of the parent to have over the other regarding their child either during or after the decree of divorce or judicial separation is passed.
The option available with you is to file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act 1955(assuming you are a Hindu).
Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:
Section 9. Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
Hence this is a legal way wherein court will direct your wife along with child to stay with you.
As your child is only over two years in age, in law, her mother has all the rights over her custody, and you cannot seek any legal remedy now. It is better to negotiate and arrive at a mutually beneficial settlement.
