Hello I am a Muslim male and have got divorced when I got divorced my wife has custody of the baby. my Father in law is very cunning and he has plans to make my ex-wife get married to another boy and keep the baby with them. he is also planning to case on our property as well by using my baby. 1. how can I take my baby back 2. if my baby is raised by their grandparent ( maternal), does baby have right in their property? 3.do the baby will also rights in mother's property and new husband property as well? as mother said she will keep a baby ( he is a non-biological baby to him) kindly advise. .
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You have to make application to family court seeking sole custody of your child
2) welfare of child is paramount consideration
3) baby has no share in your property during your lifetime
4) baby has no share in step father property
5) he would inherit property on
his mother demise
1. You can file for custody of the child with the family court.
2.No he has no right in there property.
3. See if husband adopts the child then only he has right otherwise in mothers and yours property he has share.
You can file custody Petition for claiming custody of your child. You will get the same
Best of luck
Women have more right to custody of children than men, in principle custody belongs to them, because they are more compassionate and more kind, and they know better how to raise small children, and they are more patient in dealing with the difficulties involved. The mother has more right to custody of her child, whether it is a boy or a girl, so long as she does not re-marry and so long as she meets the conditions of custody. This is according to scholarly consensus.
The conditions of custody are: being accountable (i.e., an adult of sound mind etc.), being free (as opposed to being a slave), being of good character, being a Muslim if the child concerned is a Muslim, and being able to fulfil all obligations towards the child. The mother should not be married to a person who is a stranger (i.e., not related) to the child. If one of these conditions is not fulfilled and there is an impediment such as insanity or having remarried, etc., the woman forfeits the right to custody, but if that impediment is removed, then the right to custody is restored. But it is best to pay attention to the interests of the child, because his rights come first.
1) If she get remarry without divorce from first husband (you) than you can ask child custody with you.
2) If still you don't get custody of your child than the child has rights in your property and mother's property as well. And whatsoever property she receives from her parents that boy to have rights in the property as a inherited property later on not now.
File application for custody of child.
No
Not without adoption and baby right in mother property will remain.
Hi, the baby will have a right to property in biological father and the mother ..It is advisable to file for custody of child in the court ,since she is getting married again which is not in the interest of emotional wellbeing of the child
1. If the court by an order has given custody of the child to the mother, then if she neglects the child due to her remarriage, then you can file a child custody case based on the change of atmosphere.
2. No, the baby cannot claim rights over their property neither in your property at least not during your lifetime
3. NO.
