you can get custody of child if you are able to prove wife is not mentally fit
you should rely upon testimony of doctors to prove mother is mentally un fit suffering from bipolar disorder
Hello My wife is suffering from Bipolar Disorder, Anxiety Disorder, and she has got 5 times shok treatment. Three Doctors ahve given witness in Trial court regarding her mental health. Can i as father can get the custody of minor male child who is of age 4 years? Is there any case law how can i get custody of my child on mental basis of my wife.
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you can get custody of child if you are able to prove wife is not mentally fit
you should rely upon testimony of doctors to prove mother is mentally un fit suffering from bipolar disorder
Yes Three doctors have given their testimony and proven that she is suffering from mental health 1 doctor Govind witness that she has problem of Anxiety disorder 2. Dr. Kumbhar told that she is suffering from bipolar disorder 3. Dr. Ghatge told the she has to give shock treatment 10 times All testimony is been recorded through vedio conferencing in court
Testimony of expert witnesses would be subject to cross examination
Testimony of doctors wound help you in obtain child custody of your minor child
A father is entitled to full custody of child after he/she crosses five years. The child is four years old and it just matter of one year, in such Court will be reluctant of take the child out of custody of mother. All the mental disorders are not likely to interfere in motherly conduct by her. Further, if there are other members of family who can take care of child, that will additional factor against you.
- Under Hindu law, A mother usually gets custody of the minor child, under the age of five and fathers get custody of older boys, but it is not a strict rule and is primarily decided based on the child’s interests.
- The choice of a child above the age of nine is considered, and further a mother who is proven to neglect or ill-treat the child is not given custody.
- Since, She is suffering from the said diseases and the doctors have already confirmed for the same , then you are legally entitled to get the custody of minor child.
- You can file a petition before the court for getting custody of the child.
The child's interest is paramount while deciding about the custody of the minor child by the court.
In your case the circumstances are favoring you especially since you have supporting documents to prove that your wife is mentally unfit and the said disease she is affected may cause harm to the minor child, hence the child's interests, welfare and risk of life is at jeopardy
The testimonies given by the medical examiners in the previous case may come to your support to grant the child custody, hence you may file the child custody case immediately without any delay.
The medical certificates as well as the doctors' testimonies given before another court can be produced as documentary evidences on your side to enable the court to pass an order in your favor.
Hello,
Dear client I am sorry to hear that but in the case you may approach the court for the custody of child on the basis of his or her safety and best interest.
In child custody cases the welfare of the child is of paramount importance, so if the mother is unfit to take care of the child owing to her medical condition, then you can get custody of the child.
The expert opinion rendered by the doctors as well as her medical records would help you a lot in getting the custody of the child.
If the state of your wife's mental health is proved by medical evidence to the satisfaction of the court, your plea for child custody will stand on a firm ground.