• How to get child custody?

Hello experts,

my wife is filled with hatred and prejudice for my parents and myself. She often fights with us with shouting, abusing and dirty claims (read violence). She fought with me and my parents on 2nd of August'15. Since then she is staying with her mother.

We have a cute daughter of 4 yrs 4 months. She has held my daughter since then and does not allow her to come with me or does not allow me to bring my daughter to my house even for few hours. She and her mother maintain that if you want to meet your daughter then come to my house, see her and go off. Even though they do not have any legal order for the same. This is just 'their rule' now. 

I love my daughter and very weak for her. I found her under trauma and she is scared of her mother's thrashings (may be just verbal)

I have still not decided to go for a divorce now. All that I want is-
A) a full custody of my daughter OR
B) just my rights to bring her to my home for couple of hours without being on the mercy of my wife and in laws

-what are the possibilities of getting my child?
- Is a divorce a pre requisite for this?
-Can she deny me to bring my daughter with me without a court order? what should be my stand on that?
Asked in Family Law from Asia/Pacific Region
Religion: Hindu
1) you can seek joint custody of the child 

2) recently court are awarding joint custody of child to parents 

3) child can stay for 183days with mother and 182 days with father 

4) in any case court can award you visitation rights 

5) make an application for child custody in court 

6) it is not necessary that you apply for divorce 
Ajay Sethi
Advocate, Mumbai
28583 Answers
1551 Consultations

5.0 on 5.0

1. Mother is the natural guardian of the child up to 5 years of age. Divorce is not a prerequisite for claiming child visitation right,

2. You can file an application claiming your child visitation right, including bringing her to your home for a specified period. The court will certainly allow your visitation to your wife's place but for taking her tomyour home, your lawyer shall have to show sufficient reason,

3. File the child custody application at the earliest. 
Krishna Kishore Ganguly
Advocate, Kolkata
13962 Answers
309 Consultations

5.0 on 5.0

1. To release your daughter from the imposed restraints of her mother and maternal grandparents you are required to file a case for child custody in the court. The least which the court can grant is a fruitful visitation in your favour.

2. Filing for divorce is not a pre requisite to filing for child custody, Divorce and child custody are two separate legal concepts which operate in different spheres. So you can jolly well file for and get child custody even if divorce has not been filed.

3. She can deny you access to your child in the absence of a court order.

4. If you want your child then you better rush to the court as delay in filing for child custody reduces the chances of success in the court.
Ashish Davessar
Advocate, Jaipur
19896 Answers
520 Consultations

5.0 on 5.0

Fathers in India has to face a terrible truth that a minor child custody will be undoubtedly awarded to mothers, unless proven that she has neglected her child. Most fathers don’t want to confront the issue, not realizing that they put themselves in more vulnerable state and at loss during divorce proceedings, especially while fighting for child custody and support.Divorce advice for fathers is not about finances or managing their personal post-divorce life, but for their ability to deal with being a father after a divorce.

So file a petition for custody of the child and also file Interim Custody .The court will award during the pendency of the case before it. Generally, the Court awards interim custody when such an order does not affect the over all development of the child and same is in no way prejudicial to the interest of the minor. Court tries to bring equilibrium between the husband and wife and also keeps a vigilant eye that the child should not become shuttle cock between warring spouses. While awarding interim custody, Court has power to impose certain conditions which could be deposition of passport of minor, if any and/or direct the party to deposit its own passport so that the child could not be removed from the jurisdiction of the Court.
Ajay N S
Advocate, Ernakulam
2070 Answers
24 Consultations

5.0 on 5.0

Hi, you have to file petition under Guardian and wards act before the jurisdictional court for custody of the child, normally while considering the custody of the child court will take into consider the  welfare of the child.

2. In worst scenario you will able to get the visitation rights of the child. 



Pradeep Bharathipura
Advocate, Bangalore
4204 Answers
153 Consultations

4.3 on 5.0

1. Full custody of a girl chis is very rare . So you better leave this hope. However you will indeed get order to visit your daughter and even may be allowed to take her home for few hours depending upon wish of the judge.
2. Even without applying for divorce you can file custody suit. I would recommend to file sich suit without filing of divorce suit in that event the court becomes more lenient to father.
3. Yes, she can deny you to take the child with you.
Devajyoti Barman
Advocate, Kolkata
7310 Answers
83 Consultations

4.9 on 5.0

You cannot get child custody of the child which is less than 5 years of age, however there is no bar in applying for child custody under guardians and wards act.  
In fact a case under the above provision will help you to file an application seeking visitation rights to visit your child as per the periodical time table to be submitted by you before the court justifying your claim and based on the approval by court after hearing both the sides you may get the relief to bring your child to home or to meet the child outside her house etc. 
T Kalaiselvan
Advocate, Vellore
18770 Answers
176 Consultations

5.0 on 5.0

File an application before district judge court for getting custody of your child. After the age of 5 years father is the natural guardian of the child. You have to show that you have sufficient means, you can give her better life than her mother, You can fulfill her all the necessities like education, better life, social status etc than her mother.    
Shivendra Pratap Singh
Advocate, Lucknow
3303 Answers
51 Consultations

4.9 on 5.0

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