Presently a girl is living with her parents due to physical and mental torture by her in-laws. Right now she is not sure of leaving her husband legally nor she is asking for any maintenance from here husband. She has a one year old son with her. What are the chances that if in future, her in-laws approach the court for custody of her son, they will get it and what will happen to the child, if both parents fight in the court. Upto what time she can stay with her parents, without seeking any legal procedure?
2006-07-25 18:56:38 · 3 answers · asked by Rohit_D 1 in Pregnancy & Parenting ➔ Parenting
From your name,it appears that you are an Indian and that's the reason, I am answering the question. My response is based only the Indian legal system.
Under Hindu Minority and Guardianship Act, father is considered to be the natural guardian. However, the mother is ordinarily entitled to the custody of the child till the age of 5 years.
The girl can stay where ever she desires. No court can compel her to go back to her husband.
If her In-laws approach the court for custody, the are likely not to succeed. Up to the age of 5 years, the chances are almost nil. Even after the age of 5, courts do not ordinarily uproot the child from the environment, to which the child is accustomed.
If both the parents eventually approach the court, custody is decided after hearing both the parties and looking at the circumstances of each case. The paramount consideration is the welfare of the child. The courts also look at the incomes, character, ages, living conditions etc of the parties.
Please consult your lawyer for details. If you still have some queries, please feel free to ask me.
2006-07-25 19:15:55 · answer #1 · answered by Sanjeev 2 · 8⤊ 1⤋
You can live with your parents forever, and never file for divorce.
In- laws have "grandparents rights" in some states , but unless you beat your child or you are a addict of some type, they wont get custody, just visitation.
Been divorced a few times, know some things, but, I would just give my baby the best life I can, work on being independant, and you will work the rest out!
2006-07-25 19:06:42 · answer #2 · answered by ricksliss 2 · 0⤊ 0⤋
depends on if there's evidence of any abuse. They do have grandparent rights now, so that should be taken into consideration.
2006-07-25 19:04:21 · answer #3 · answered by heidielizabeth69 7 · 0⤊ 0⤋