2006-07-01 06:40:55 · 38 answers · asked by Jessy 2 in Family & Relationships ➔ Marriage & Divorce
I am in India.I am a mother.Maybe I framed the question wrong out of my anxiety....as possession instead of custody.....I want my son so desperately as my husband harrassed me mentally and physically and even the child has been harrassed for supporting me and coming to my rescue.So as I dunno the Indian laws...I filed for divorce due to my husband's mental abuse and physical abuse on me.
2006-07-01 06:54:15 · update #1
YES, U GOT TO GO TO COURT FIRST
2006-07-01 06:43:30 · answer #1 · answered by Curious 5 · 1⤊ 0⤋
I can not tell whether you are female or male, but if you are the father and the child is 5, the courts look at this age bracket as needing the mother first. Unless the mother is a proven child abuser, drug addict or alcoholic or mentally un acceptable, then it is almost impossible for the dad to get custodial custody of said child regardless of who did what to whom. Most attorneys will try for a joint custody and the dad pays her support. for the child and that varies by your state. The parent that must pay the support as well is back charged from the recorded time you separated, so watch out and provide more details...
2006-07-01 06:47:45 · answer #2 · answered by AJ 4 · 0⤊ 0⤋
Sweetheart, the word is CUSTODY...please learn that word BEFORE going to court...it is a very rare divorce case that the mother does NOT get custody. If you are of average morality, have not done any public 'stuff,' are not an alcoholic or drug abuser, your husband would have to make a very strong case to get custody. Good luck
2006-07-01 06:46:39 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you call it possession instead of custody, almost definitely not. 19 times out of 20 the mother of the child(ren) will get custody, the 20th time being if it can be proven in court that she is unfit to care for the child. If you are the father, your best bet is to get a good lawyer (there are many out there who specialize in a father's rights in these types of proceedings) and battle for joint custody.
2006-07-01 06:45:11 · answer #4 · answered by senormooquacka 5 · 0⤊ 0⤋
If you are the sole provider, have a great job you have carried for at least 5 yrs, you have a house and can give the child a stable life..
if the mother is on drugs or alcoholic and is abuse she can not keep a job and she can not support the child..
then yes..
other wise.. no matter what fight for the child and the judge will see that you are doing all you can for the best intrest of your child.. never give up.
if i had to do it all over again.. i would have picked my father. but my mother told me that i was a little girl and little girls at 10yrs old should not be with there fathers.. he might hurt me.
and yet she moved me into at least 9 apartments who other children hurt me, and by the time i was 14teen she started me on drugs and allowed me to drink and put me on the brithcontrol pill so i can have sex.
where if i was with my father he never allowed this.. i went to work with him from age 3yrs old to 20yrs old.. he even married a women to take care of me when i asked to live with him at 14teen.. so I chose my dad..
but the sad part is i was cruped by my mother so my dad got the rebellion in the end. sad.. right.. she tought me hate him.. and his wife.. i would get punished or yelled at..
damned if you do or dont.. good luck.
2006-07-01 06:47:59 · answer #5 · answered by sillyatheart3 3 · 0⤊ 0⤋
I'm afraid only a judge can decide that but the probability goes in your favour as your obviously devoted to your son ,but you will have to prove to the judge that you are a better parent than your husband,nothing is cut and dried in these cases so please make sure you have a lawyer that you understand and who has your interests at heart if your unhappy at any stage change your lawyer because at the end of the day this is your sons future that is being decided
2006-07-01 08:30:49 · answer #6 · answered by okayalder62 5 · 0⤊ 0⤋
first of all you are talking about custody. not since slavery has one human owned another in the US. depends on what state you live in and what kind of person you are. you need a lawyer if you can't afford one check with the county you live in to see if you may qualify for some assistance or legal aid. maybe check with the state. as your childs future will depend on how you and your soon to be x behave during this process. the child is most important here.
2006-07-01 06:45:14 · answer #7 · answered by polyesterfred 3 · 0⤊ 0⤋
I think if you are fit and your spouse is considered unfit then yes you should get custody of the boy. But if you both are fit then maybe shared custody is the answer. But remember this is a child and playing tug-o-war with children is wrong.Please remind him how much he is loved by both parents and keep him out of custody disputes between you and your ex.
2006-07-01 06:51:25 · answer #8 · answered by lifeisgrand99 2 · 0⤊ 0⤋
Getting a child in divorce for a father is difficult, you'll have to show that the mother is unfit, or that you would be the better provider. Most children go to the mother. Good luck
2006-07-01 06:44:36 · answer #9 · answered by Leila 3 · 0⤊ 0⤋
I don't know what your situation is but I believe that when you guys got married you both said or should have said for better or for worst.I'm saying this because I don't think its good for the two of you to get a divorce because of the simple fact that your son is only five and may not understand the complete meaning of why his parent is missing.Trust me,you'll regret it later when you have to explain why to your son.
2006-07-01 06:48:51 · answer #10 · answered by Re15 2 · 0⤊ 0⤋
Whoever files first usually gets temporary custody of the child, unless the person filing is unfit or a drug abuser.
2006-07-01 06:43:01 · answer #11 · answered by BabyGirlRoss 1 · 0⤊ 0⤋