Hi. I am a resident of Mumbai. I was granted a divorce in 2012 by mutual consent where custody rights for my daughter (then 6 years of age) were as per our mutual consent given to father with visitation rights to me. In 2016, by mutual consent again, we reversed the custody rights. Custody of my daughter (10 years in 2016) by mutual consent were given to me with visitation rights to my ex-husband. There is no alimony or daughter's financial responsibility amount involved. During custody with the father, i voluntarily contributed to school fees and lots of other financial expenses. I am not expecting or interested in seeking financial help from my ex-husband. However, i am observing hostility, accusations and allegations & below the belt remarks (from my ex-husband and his wife - married in 2014) in our every interaction since 2016. My ex-husband lives with his wife and family in Ahmedabad. In the meanwhile, my daughter is extremely comfortable with my 2nd husband (i got remarried in 2014) and they have bonded very well. My daughter, now 13 years- has from the beginning not been comfortable with my ex-husband's wife due to her over aggressive and dominating nature. My ex-husband is also completely hand in glove (with her) for obvious reasons. They have been causing a lot of nuisance to our mental health and equilibrium. My questions are : 1. I want to if possible, in the best interest of my daughter- take full custody rights of my daughter (as the biological father is hardly in touch and also not contributing to anything but chaos) 2. Bestow legal rights upon my husband towards my daughter (legal adoption?) 3. Change the name of my daughter to read her middle name and surname to mine or my husband's I am tired of being bullied (inspite of being very courteous) and being at the receiving end of their accusations (and condescending verbal diarrhea). My current husband is very keen to take full custody of my daughter and has anyways brought my daughter up like his own for the last 3.5 years. However my ex-husband and his wife are always objecting his slightest intervention (example even the whatsapp group for communication is restricted to my ex-husband, his current wife and me). In the best interest of my daughter i was lying low to maintain peace and decorum and refrained from retaliation of any sort. However , now i believe its getting out of hand. My daughter herself wants to permanently be with me and her step father- she is very happy in our family. I am 8 months pregnant too (currently). My daughter is very happy to have siblings and wants to stays with us in Mumbai without interference and hostility imparted towards us. I am a parsi by birth, my daughter is a parsi by birth. My current husband is a hindu (punjabi) - i am married to him under special marriages act.My ex-husband is Parsi by birth, remarried to a Parsi (she was earlier married to a hindu) and has a daughter from his 2nd marriage (4 years) PLEASE ADVISE.
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You need consent of biological father to give child in adoption
2) further for change of name of child consent of biological father would be necessary
3) you cannot deny biological father visitation rights
4) however you can seek maintenance for child from her biological father
For adoption consent of biological father is must that is consent from your first husband is must and then adoption deed should be duly registered.
If you desire to change the name of the father in the birth certificate you may have to adopt the child and get the adoption registered and declared by a court order based ion which you can apply for change of name of father in the birth certificate.
He can adopt her but executing a adoption deed through court and seek her custody. Your earlier husband may object the same. First you need to seek full custody of your child through a court order if you have the same then you can proceed with adoption procedure
You said that the custody of your child was given to you by mutual consent, then what else you require custody anymore.
If your husband wants to adopt your daughter then you may have to get the consent or NOC from your ex-husband i.e., the biological father of the child, without this you cannot give your daughter in adoption to your husband.
The child custody matter shall prevail for another 5 years only i.e., till the child attains majority by age i.e., 18 years of age, after that there is no question of custody or guardianship to an adult.
Hence you somehow manage another 5 years by keeping the child with you under your custody.
You have complete legal custody of your daughter no need to take any action regarding custody.
For adoption you need consent and signature of your ex husband on adoption deed. Without it your current husband cannot adopt the daughter.
After getting adoption deed you have to file suit for mandatory injunction for change in name of daughter.
Dear Madam,
Adoption Procedure for Step Parents - http://cara.nic.in/Parents/Eg_step_parents.html
The couple (step-parent and one of the biological parents) shall register in Child Adoption Resource Information and Guidance System with the required documents as mentioned in Schedule VI.
Consent of the biological parent(s) and the step-parent adopting the child or children shall be as provided in the Schedule XX (refer instructions in Schedule XX).
In case the custody of the child is under litigation, the adoption process shall be initiated only after the finalisation of the case by the court concerned.
The biological parent and the step-parent shall file an application in the Family Court or District Court or City Civil Court as the case may be, as per format given at Schedule XXXII.
The applicants shall obtain a certified copy of the adoption order from the court concerned and furnish a copy of the same online to the Authority through Child Adoption Resource Information and Guidance System.
The prospective adoptive parents, who intend to adopt the child of a relative as defined in sub-section (52) of section 2 of the Act, shall file an application in the competent court under sub-section 2 of section 56 or sub section (1) of section 60 of the Act in case of in-country relative adoption or inter-country relative adoption, respectively, alongwith a consent letter of the biological parents as provided in Schedule XIX and all other documents as provided in Schedule VI.
The biological parent and the step-parent, who intend to adopt the child or children of the biological parent, shall file the adoption application as provided in Schedule XXXII, in the court concerned of the district where they reside, along with consent letter of the biological parents and the step-parent adopting the child or children, as provided in the Schedule XX and all other documents as provided in Schedule VI.
The prospective adoptive parents, in case of inter-country relative adoption, shall file the adoption application in the court concerned of the district, where the child resides with biological parents or guardians as provided in Schedule XXXI.
The prospective adoptive parents shall file an application in Family Court or District Court or City Civil Court, as the case may be.
Before issuing an adoption order, the court shall satisfy itself of the various conditions stipulated under section 61 of the Act, and regulations 51 to 56, as the case may be.
The prospective adoptive parents shall obtain a certified copy of the adoption order from the court and furnish a copy of the same to the District Child Protection Unit for online submission to the Authority.
Without consent of biological father adoption is not legally possible.
You can apply to court for a full custody stating indifferent attitudes of your ex husband towards the child. Court to decide the matter .
You can change her name but father name can not be changed without adoption.
1. As per law, Court has power to cancel the visitation right to a biological father , on any of the following ground:-- Violence or physical harm to the child;
- fear of Child abduction
- Emotional abuse of the child
- Extreme sexual behavior or exposure to such conduct which may have a harmful effect on the child.
- Consuming illegal drugs or excessive amounts of alcohol while caring for the child.
- Not paying for child support
- Child’s wishes, if the child is mature
- On the above ground , you can approach the Court to cancel the visitation right permanently.
2. For legal adoption of the child by your husband , her biological fathers consent needed.
3. Without adoption by your husband , name change cannot be allowed.
