• Immediate custody of my 14yr old son

We have divorce case running in family court already. My son is with his father currently living in bangalore. My husband goes to meet someone every weekend and he is not available most of the time in emotional, financial and educational need of my son. Every weekend he goes out and comes only Monday morning or something. I work in Bangalore too. My son doesn't feel loved, today he is having high fever, and no one is taking care of him. As a mother I really want to help him. What are my b options? Can i get immediate custody of my child? My lawyer i feel is not giving me right advice. Please help.
Asked 3 months ago in Family Law from Bengaluru, Karnataka
Religion: Hindu

1. Well, you can go and take the child with you . This is easiest way to get back your child.

2. if your husband does not allow that then you will have to file  suit for custody.

3. The court in the capacity of ' parents patris' is the ultimate authority to decode who is best suited for custody for the child and if you establish that your child's welfare is at stake under your husband , as it appears, then you can get back his custody.

4. If your child is above 4-5 years then his choice for parent would be given preference by the court. 

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

As a parent i can advise as well as a lawyer, you are the biological mother of your child, no force on earth can stop you, take help of relatives and friends to accompany you, go and barge into the house, take your son out, directly go to the hospital and admit him, his father will be in huge trouble, also take a lady police officer from the woman cell, right now, whatever police will ask give them but take them along, you can lodge complaint over email to police station, go right now Mam. Ask police to record father not at home, take video also if possible and keep in safe custody

Aveek Bose
Advocate, Kolkata
950 Answers
4 Consultations

4.7 on 5.0

First of all you have not stated:

that whether you both are divorced or not;

that whether he was given full custody of the child;

that whether you are living separately away from your husband without any order from court;

that what prevents you from taking your child with you if the custody was not given to him by a court of law;

If there are any case going on in the court of law;

You may revert with the details for getting more proper reply or opinion to your case.

 

 

T Kalaiselvan
Advocate, Vellore
56681 Answers
701 Consultations

5.0 on 5.0

As per law if the child's age is less than 5 years, the mother can claim for physical custody and father can have a visitation rights. But after the child has crossed the age of 5 years, the physical custody and up bring of the child will be considered by the court. file suit for custody of child. 

Mohammed Mujeeb
Advocate, Hyderabad
10211 Answers
3 Consultations

4.5 on 5.0

1. You can file for custody of the child and can file an application for interim custody of child since child is of 14 years he can be called to court for his.view and consent can be recorded.  See it will take some time custody immediately in day or two not possible.

 

Shubham Jhajharia
Advocate, Ahmedabad
19309 Answers
75 Consultations

5.0 on 5.0

If the child custody case is pending before court and the child is held by him, why dont you forcibly take away your child from his home when he is away from home during the weekends.

It is not an offence to take your child away from his home.

The police will not be of any help to you in this regard until and unless you get an order from court in this regard.

 

 

T Kalaiselvan
Advocate, Vellore
56681 Answers
701 Consultations

5.0 on 5.0

See you can try and approach high court to expedite the case below and seek interim custody there is no faster way then this.

Shubham Jhajharia
Advocate, Ahmedabad
19309 Answers
75 Consultations

5.0 on 5.0

You can get the custody being mother.  If you have filed the custody case just contest you will get the same

Prashant Nayak
Advocate, Mumbai
12870 Answers
22 Consultations

4.6 on 5.0

Take the last order if any go for appeal, detailed history is required

Aveek Bose
Advocate, Kolkata
950 Answers
4 Consultations

4.7 on 5.0

You have already made application for custody of your son 

 

2) welfare of child is paramount consideration 

 

3) court would award you custody of child 

Ajay Sethi
Advocate, Mumbai
66917 Answers
4041 Consultations

5.0 on 5.0

File petition in HC for expeditious disposal of your custody case 

 

mention that you are not allowed to meet your son  for 2 weeks at stretch 

 

seek orders to direct family court to decide your custody application within stipulated period 

Ajay Sethi
Advocate, Mumbai
66917 Answers
4041 Consultations

5.0 on 5.0

you can approach the High Court for fast disposal of the case and seek interim custody till then

Suneel Moudgil
Advocate, Panipat
1141 Answers
1 Consultation

4.3 on 5.0

Dear Madam,

Please convince the court regarding this and get custody of your child from your husband.

Some of the factors that are considered when the court makes a custody determination are: (1) emotional and physical environment; (2) the personal safety of the child; (3) moral atmosphere of the household; (4) the mental and physical health of the parents; (5) the age of the children; (6) the age of the children; (7) preference of the child; (8) the prior behavior of the parents, including any history of abuse; (9) the ability of each parent to care for the child; (10) and the importance of religious upbringing within the family.

Once a court makes a custody determination, there are several possible custody arrangements that a court may impose. The court may impose: (1) sole physical or legal custody; (2) sole physical custody with joint legal custody; (3) joint custody. The term "joint" does not mean equal. Instead, "joint" means that the parties equally share the obligation to raise the child.

 

Netravathi Kalaskar
Advocate, Bengaluru
3107 Answers
14 Consultations

5.0 on 5.0

Dear Madam,

If Family Court is not co-operative with you then you can approach High Court for early disposal of your cases.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4433 Answers
112 Consultations

5.0 on 5.0

Why didn`t you pressed for interim custody, showing non care to child in high fever.

Boy is in adolescent age and can have a choice, You can go take him with you, later court will consider his wish. With whom he wants to stay.

Better get the custody of child out of court by hook and crook/forcefully/barging in house. Have good reason, non caring for him and he is under high fever, take him to doctor. Than husband have to seek court order for custody where child will inform his wish.

Yogendra Singh Rajawat
Advocate, Jaipur
13207 Answers
17 Consultations

4.6 on 5.0

Hello, 

I understand your concern but the courts in India do work at a slow speed. 

However if there is any urgency then file an application for interim relief and ask the court to decide the same forst. 

Has the notice to the husband been served in GNW case? 

Has be appeared before the court?

 

 

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

If he has appeared then you may move an application for interim relief and if he has not appeared then ask the court to allow service by substituted means. 

if the court is deliberately not expediting the process then you may approach the HC as well. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

Dear Client 

You should file an application under section 97 (Search for persons wrongfully confined) to SDM court for directing the police officers for producing your son in front of the SDM. But for that your son should be in your favor and have to give statement in SDM court that he wants to live with you and not with his father. It will be fastest option for now. 

Other option you can choose is file an application for prepone of GNW case citing the emergency as heath issues of your son and proper care is not available to him from his father for passing the Interim order till the pendency of case.

Mohit Kapoor
Advocate, Rohtak
3531 Answers
1 Consultation

5.0 on 5.0

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