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If father makes alot more than mother and she is under poverty level. What can you say to court to make them understand that child needs to remain with mother?

How can Father win child custody?

2007-04-28 17:43:50 · 7 answers · asked by K S 1 in Family & Relationships Family

7 answers

Custody of the child in any matrimonial dispute depends on the golden rule of law,” welfare of the child". Any family court while deciding the custody of the child follows this golden rule which is based on the various criteria’s such as :- income of the parents, education back ground of the parents, matrimonial status of the parents after the dissolution of marriage, time that each parent can devote to the child for his/her development, age of the child, even the personal wish of the child, other family & social responsibilities of the parents, etc these are few of the criteria which court look into & keeping in mind the welfare of the child decide the issue of custody. Even if any one of the parent is not given custody of the child this parents is allowed to visit the child & even keep the child with him or her for a stipulated time period as the court find will be reasonable for the particular case, after all no parent can be deprived with the company of the child for unlimited period. In case you are able to bring on records the financial position of both parents & poor condition of mother the court can allow custody of child to you if you are able to provide better opportunity for the child education & general development that will be in welfare of the child, then the court may allow you the custody of the child.

2007-04-28 19:30:13 · answer #1 · answered by vijay m Indian Lawyer 7 · 0 0

Custody should not be determined by the relative earning power of the parents. BOTH parents have an obligation to support the child.

If custody is awarded to a poverty level income mother, and dad is wealthy, then dad will be paying support. If mom and dad's financial status is reversed, then the support will be as well.

2007-04-28 17:49:24 · answer #2 · answered by Anonymous · 0 0

the courts won't only look at money when they are making a decision, they will look at the whole picture, including who has the child been living with for all this time, are they in any REAL danger, who does the child want to live with, if there is a real concern that the mother can't provide for the child you should try to talk to her and she if she will agree to let you have custody, and then you can bring your agreed up on proposal to court, good luck!! Custody battles are horrible, but they can be won!!

2007-04-29 20:53:52 · answer #3 · answered by KrIs 4 · 0 0

A court isn't allowed to provide preferential remedy to the mummy over the daddy, all else being equivalent. The "mushy years doctrine," which supported this gender depending bias for years contained in the U. S., develop into abolished really a even as in the past as a contravention of the equivalent secure practices clause of the 14th change. With that being suggested, maximum courts perfect now follow what's regular because the "perfect pastimes time-honored," which permits a decide to think about something that has an outcome on the youngster thinking a custody dispute. All of what you've suggested above, and far extra, might want to be considered through a decide even as making a ruling. I really have written 2 blogs with might want to help which I really have shared decrease than. the first discusses the mushy years doctrine and the present state of custody in maximum courtrooms by the U. S., and the 2d supplies a itemizing of inquiries to judge in maximum new child custody circumstances. wish this permits. Please be conscious, this training isn't meant to be criminal suggestion and that i strongly inspire you to search for suggestion from an section lawyer on your jurisdiction.

2016-12-05 01:16:56 · answer #4 · answered by ? 4 · 0 0

Generally, courts do put the kids with the mother. Can mother spend more quality time with the kids?

Father is earning a lot? Good sized child support payments.

2007-04-28 18:34:16 · answer #5 · answered by kiwi 7 · 0 0

Courts usually favor women no matter what. They wont give him custody just because you're poor. They'll just make him pay more child support!

2007-04-28 17:54:04 · answer #6 · answered by Lilia 3 · 0 0

IT DEPENDS ON THE TIME WHICH IS REQUIRED FOR THE CARE OF THE CHILD

2007-04-28 18:09:53 · answer #7 · answered by RAMAN IOBIAN 7 · 0 0

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