2007-01-02 05:02:29 · 24 answers · asked by bk 1 in Politics & Government ➔ Law & Ethics
You can fill child's custody application even during the divorce proceedings need not wait for its completion. The courts in India decide the custody of the child on the basis of the golden rule "Welfare Of The Child", according to this rule the family courts in India decide the custody on the factors that will be in favour & are for the welfare of the child, these are decided on the basis of the age of the child, income of the parents, educational background of the parents, time that each of them can devote to the child for his/her proper development & growth, remarriage of the parents etc. If the court decide on the basis of evidence that custody of the child will be in welfare with you ,you will get the custody, even if the custody is granted to your wife then also you can meet the child or even keep the child for some period as the court decide. The custody of child is a matter that courts take it seriously so dont wait just move the application for custody now.
2007-01-02 15:17:24 · answer #1 · answered by bisexualmale s 6 · 0⤊ 0⤋
The courts are usually more sympathetic towards women in divorce cases. In any case the question here is pertaining to the life of your child. It is very imperative to have the mother as the primary caretaker for your child as he is so young. However you can petition the courts to give you custody once he is older.
I would however ask that you reconsider divorce and try to work out your differences with your wife as a divorce affects your child adversely and as a loving and caring parent you must consider the well being of your child above all other considerations. Good luck with your decision.
2007-01-04 16:08:06 · answer #2 · answered by tasha m 2 · 0⤊ 0⤋
It is important to remember that a child needs a healthy relationship with both parents, whether or not they live together. Please consider the child's needs in any custody decisions that are made, and be sure that your child is able to spend quality time with both parents. It is better for your child if both parents can keep any anger toward the ex-spouse out of their relationship with the child as much as possible. It's better to change the subject than to bad-mouth the other parent. As the child grows older, it is equally important to be honest about the parental relationship without going into too many details.
Good luck! I agree that you should consult an attorney who specializes in divorcing family situations.
2007-01-02 05:11:37 · answer #3 · answered by TimeDweller 2 · 0⤊ 0⤋
Well, unless you have some real proof that your wife is abusing your child, or is other wise an unfit parent, 9 times out of 10 the custody goes to the mother. If she's not abusive (and you're not either) I think the best you can hope for is shared custody.
2007-01-02 05:06:56 · answer #4 · answered by Muzzy 1 · 3⤊ 0⤋
I noticed no one actually answered your question, so here goes. Go to your local juvenile court house a talk to a counselor about filing a petition for sole custody. It doesn't matter what your reasons are for wanting custody are. There is a possibility that u may have to hire an attorney to handle the part of this for you, depending on your state's laws. Hope this helps.
2007-01-02 05:17:07 · answer #5 · answered by lightbulblady1 3 · 0⤊ 0⤋
You need to find a lawyer.
Be warned though: if the only reason why you don't want your wife to have custody is out of your desire to have your child and not her, it probably won't work out that way. She has as much of a right as you to have custody and it'll probably work out to each of you having partial custody.
Also, I hope before creating such a difficult situation that you and your wife have tried everything to make your relationship work.
2007-01-02 05:11:08 · answer #6 · answered by glurpy 7 · 0⤊ 0⤋
I don't like divorce and can't answer you that question. You guys can work things out you know and have you ever think about it, at least for the fourth time. As long as it takes, your 40 months old new Mummy and Daddy.
2007-01-02 05:07:55 · answer #7 · answered by Melody 3 · 0⤊ 0⤋
You would have to prove that she's unfit as a mother or unable to provide the child with what it needs. 2. that you can provide the child with a stable or better environment. 3. that she has a drinking or drug problem. 4. that she's mentally unstable.5. Explain why you're the better parent to the court.
2007-01-02 05:08:07 · answer #8 · answered by silkieladyinthecity 3 · 1⤊ 0⤋
y would u like to have custody ? is she a bad mom? if not leave it alone. my ex tried to take custody of my 3 children. bastard, only because he was trying to get back at me. i am a wonderful mom as is he a great dad but da custody battle was for da wrong reason. 40month old y subject him/her to too much change if shes staying with da house let da baby stay there. less change is good for them believe me. the kids are da only one suffering.
unless she is a negligent mother in dat case call social services so they can investigate u and her to see which home and parent is most suitable for da child to reside with .
2007-01-02 05:07:18 · answer #9 · answered by tina 2 · 2⤊ 0⤋
It is difficult to get the custody of the baby , unless you could prove that she physically and psychologically incapable of taking care of the child.
2007-01-02 20:38:02 · answer #10 · answered by Anonymous · 0⤊ 0⤋