• For custody of child

I am father of 3 month baby boy I love my wife but my sister and her husband have many problem now they can not leave with each other if they take divorce I also have to divorce because my wife his my sister's husband sister now I want to custody my child and I am well educated and do job in well company I want my baby's  future give me some suggestions so I can leave with my child I can spend any thing for he
Asked 1 year ago in Family Law from Palanpur, Gujarat
Religion: Hindu
Sir, forget about the custody of the child. For a 3 months old baby there is no way you can get his custody.
However, if you apply you would be given opportunity of visitation of child but not custody. So for the time being you have to satisfy with seeing the child only.
Devajyoti Barman
Advocate, Kolkata
5222 Answers
54 Consultations
4.9 on 5.0
1) custody of child is generally given to mother 

2) welfare of child is paramount consideration 

3) you can get visitation rights for the child 
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
5.0 on 5.0
If your sister and her husband have matrimonial disputes, it is their own problem, why do you want to mix up both the families in this tangle ?  If you apprehend such a situation, you better take your wife and child away from your home and live separately with her to avoid embarrassing situation. the child custody is not possible because the child cannot be separated from her mother until it attains seven years of age. In my opinion, if you do not have any problem with your wife, do not enter into such adventures which may prove farce to your own life and future. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Dear Querist
try to settle the matter amicably otherwise two families will be destroy. you should take help of the elders and relatives to resolve this matter amicably.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Hi,
Instead of worrying about the custody of your infant child (whose custody you will not get since he is infant), you should concentrate on saving your marriage i;e if you really love your wife as said by you. Discuss openly with your family members and it is not necessary to divorce your wife even if your sister is taking divorce from her husband.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
1. Why do you have to divorce if they divorce? This is an imposed shackle.

2. Well if you want to get the custody of your child then you are required to file a case for child custody which will be decided by the court keeping the welfare of the child in mind. 

3. Your wife will be given an opportunity to contest the case filed by you. If you are financially well off then you stand a good chance of getting the custody.

4. Both of you can file for mutual divorce. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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