apply for custody of child at city wherein your wife and daughter are residing
2) in alternative in divorce petition filed by you make application for child custody
3) seek interim visitation rights
Child custody
I have applied for divorce. Self and wife are staying at different locations and daughter aged 10yrs is staying with her mother. Now I want to apply for child custody or visitation rights I would like to know, do I need to apply where am residing or at wife location? One more information, child birth certificate is with wife and I do not have a copy. Please clarify, where to apply and what documents required along with application.
Asked 3 years ago in Family Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
8 Answers
- Place of jurisdiction to decide custody in your case is the court in divorce is filed.
- Providing date of birth and details of name of child, father mother you can get birth certificate from municipal authority, it is public document.
Under Hindu Minority and Guardianship Act, 1956, mother is natural guardian and custodian of child till it reaches age of five years with visiting rights to father. Thereafter, father is natural guardian and custodian of child with visiting rights to mother .
You can file additional case in the same divorce case for child custody.
This is optional: It's better to apply at wife's place because if you apply in your city than she might transfer case in her current city court by giving many excuses.
If you know where you child was born means city, hospital, date etc. Than you can easily get birth certificate from particular corporation or gram panchayat.
- As per law, the jurisdiction of the child custody case should be the place where the child is residing presently.
- Hence , you can file the custody petition in the place where the mother & child is residing and not from your place.
- However, you can also move an application for visitation right in your divorce case .
It is always better that you file the child custody case in the place where the child is currently residing, it will be easy for the court to execute the orders if granted in your favor.
You can mention in your petition that the child's birth certificate is held by its mother.
Alternately you can file a petition in the existing divorce petition seeking child custody and visitation rights too, there is no legal infirmity in it
1. Apply for the child custody before the Court where you have already filed divorce petition.
2. In the said child custody petition also pray for your visitation right till the custody petition is disposed of.
Dear client I am sorry to hear that but in this case you have to file an application before,
if its a mutual divorce no need to state the same if both of you are not going to object the same in future before court
