Welfare of child is paramount consideration
2) court generally awards custody of daughter to mother
3) husband would get visitation rights
4) you can explain reasons why you had locked child in room for some time
My name is harneet and my daughter is 5 years old. My question is who will get custody of child after divorce. My husband says he will prove me mentally unfit in court to get custody of my baby girl. He has made some videos where I locked my daughter as she was not eating food and running here and there. He wants to show it as a case of harassment with child. I am working as HR manager with a company in Chandigarh and doing well in my job. I am highly worried about my child. I can't think of my life even possible without her. I can not live without her even for a day. Please suggest me will he get custody of my child if my daughter speaks that she wants to live with her father
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Welfare of child is paramount consideration
2) court generally awards custody of daughter to mother
3) husband would get visitation rights
4) you can explain reasons why you had locked child in room for some time
What if husband says that he can take care as he has his mother to take care of the child who usually takes care now also when I go to office entire day and offers her food and everything and since I get less time to spend with baby as doing job is my compulsion to meet expenses. What if baby speaks up in court she wants to live with her father and dadi.
If the evidence he is going to produce in the court are true facts and your insisting to live with father than father can claim under Gardian and wards act daughter possession.
But still you can prove that he is unable to take care of her and you don't trust on him than you can get custody.
1. Normally for a child below 5 years of age, custody will be granted to the mother, because the mother will only be able to give her child the warmth, protection of a child of less than 5 years, unlike the father of the child.
2. Quoting one incident of your locking up the child for its refusal to eat food cannot determine that you are harassing the child, unless and until there are more such evidences.
3. In your narration it's not clear as to whether there has been a divorce case going on between you and your husband or its planned to be taken up in the coming days. However, you can ensure the custody of child by convincing your husband to opt for Mutual Consent Divorce instead of contested divorce, wherein you can insist for permanent custody of your child.
To avoid all such situations and to ensure custody of child with you only, opt for Mutual Consent Divorce.
1.Let you convince your spouse to agree for Mutual Consent Divorce. Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by your parents and relatives etc.
t2..In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.
r3.The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.
4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.
If you're not confident of your self than how can case be turned in your favor.
Most important points are against you:
So you have options that not to fight and take case in the court. If you want your daughter, first take control on your daughter mentally and physically, by love and passion.
- No need to worry, the girl child custody is generally given to mother only considering the welfare of girl baby.
- Other parties may share the grounds to show you ill treating your daughter but if contested well, the shared grounds will not help other parties.
- In custody matter, child upto this age if given any statement is not taken into consideration.
- Feel free to connect if needed any assistance.
Regards
Vivek Arya
Usually if the child is 5 years of age, court gives first preference to mother.
Your husband will be entitled to visitation rights.
You need to explain the reasons as to why she was locked in room.
He can file for custody of child, if you can prove you can take care of her and during counselling is she says she wants to stay with you, court cannot go against her wish.
If you ha e your parents staying with you then when you go to work they can take care of child
in alternative agree for joint custody of your child
See the age of child is small and she needs care of mother and on this ground and for welfare of.the child you can seek and contest custody of the child.
See age of child is less court may not ask consent of child at this small age court will see the welfare and care of the child.
Dear Madam,
The most competent one will get the custody of the child, or both the parents can get it.
Child custody is a situation that requires to be handled with love and care, therefore certain rules are been implemented keeping the welfare of the child as the topmost priority.
To get the custody of a child, one has to prove himself/herself competent before Court with the help of the family lawyer taking care of the case. Even after the custody order is passed, the Court keeps a watch on the custodial parent, whether he/she is actually taking care of the child or not.
Anyhow, the custody of the child is considered based on the age of the concerned child and the behavioral character of the parents towards the child. Read below to know a brief about the categorization:
Hi
It is difficult for a divorced husband to achieve the custody of a girl child.
That video can go on a negative way but the main thing that will effect the custody of the girl child is the statement of the child.
Proceed.
Thanks
Dont be scared or frightened by the threats or any other tactics adopted by yor husband in order to depress you or to put pressure on you to give the custody of the child to him or play upon your weakness on the child.
You can ask him to go to court because such evidences are not admissible as primary evidence by court in the legal sense.
If he files a child custody case you may fight back challenging his claim and grounds for seeking child custody properly on the basis of evidences and merits in your side.
You have to manage such situation also properly on the basis of the situation that may arise.
You can take the help of an experienced and prudent lawyer who may come to your rescue on such occasions
Your fear is the main advantage to him hence you at least pretend not to be scared about his threatening calls. and can inform him that the court is a common place and law is equal to all hence let him try all his gimmicks which can be properly handled to nullify his claims.
It depends on how you tackle the situation effectively.
Mother will get custody and father visitation right. Such videos won`t affect your custody rights. Child age is very less, her wish will not consider at this age.
You have to manage job time, Child needs more time and attention. Baby sitter cannot replace grand mother charm.
In majority of cases, the mother has the chances to have the custody of the child under 5 years of age. But it is the discretion of the court to decide that which parent has the capability to take care of the child. The welfare of the child is of paramount importance, thus the court shall also look into the financial capacity of the parent before granting the custody.
Madam as far as children below age of 5 are concerned the custody will remain with the mother, and even after 5 years your husband wants the custody then he has to file a case for custody and prove that he is in better position and can take care better then you, and it is not easy and time consuming for him to get custody..
Court considers child desire also live with the father too. Apart from that it also considers other factors too.
1. No your husband will not get custody of your child even if your daughter says that she wants to live with father.
2. Right of mother always prevails the right of father you just have to prove that you are mentally fit and competent to give good life to your daughter.
3. Your daughter opinion and wish will be considered after she turns 9 year old. Till then her well being will be considered by court but still court will rely upon evidence produced.
1. There is no straight jacket formula to decide who gets the custody of child after dissolution of marriage.
2. It is not easy to prove someone as mentally unfit in the court. If your husband takes this plea then contest it fittingly.
3. The act of locking up a child just because he does not eat food is tantamount to cruelty and if this act is proved then court can deny the custody of child to the parent who commits the act.
4. Since your daughter has attained the age of 5 years you are no longer her natural guardian. Hence, the court has to decide the issue of child custody on the strict touchstone of welfare of child.