I am a hiv+ male;My wife has filed for divorce;I have 2 year old son;my wife & child are not hiv infected;can I get the custody of my child?
2007-05-13 06:34:22 · 10 answers · asked by PHEONIX 1 in Family & Relationships ➔ Marriage & Divorce
In a child custody matter all courts in the world follow a golden rule which is the welfare of the child. In deciding the custody the courts look for the various factors such as education back ground of both the parents, income & financial sources of both parents, marital status after the divorce of both parents, time each of parent can devote for the general development of the child, even the choice of the child with whom he or she wants to live on permanent basis. All these factors are considered keeping in mind the general welfare of the child that will help in proper development of the child in all aspects. The question whether a parent suffering from HIV+ virus can also be considered but as this virus infects another only on certain well identitified causes it may not be given so much importance, but the parents general health due to this virus will be taken into account as no court will hand over the custody of the child to a parent who is himself is being hospitalized then how he can be taking care of his child, but if the parent is quite normal from health point of view & doesn't need hospitalization for many years because of the said virus infecting him, his case may be considered keeping in mind other factors I mentioned above.
2007-05-13 17:09:31 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
Being HIV+ doesn't make you an unfit father. If you are a responsible man who has a good job and can provide the child with love and a proper home, food, clothing, etc. then there is no reason that you shouldn't be able to gain custody of your son.
Only you know whether or not you are capable to supporting a child as a single father.
Good Luck!
2007-05-13 06:39:21 · answer #2 · answered by ravens_angel78 3 · 0⤊ 0⤋
Honestly, you kinda sound stupid. Why you ask. Well let me be more in your face. You know this is going on, you know she wants out of the marriage. Yet you are still with her? You sound like a really great man, that is there for his family. My best advice for you, is to sperate from her. Either leave or give all of her belongings to her parents or closest relative and change the locks. Slap her with the divorce. Save and print the message from this old flame and use it to gain full custody of the children. If you are really nice you can see about joint custody. Either way give her, her wish and end it. Don't be a fool man. If you are not stupid, then do the smart thing. Yes she only wants sex, and yes being pregnant with your child and having sex with someone else is really IMMORAL. She is doing that now because she knows she cannot get pregnant again right now, so she can go wild. Don't let her do this to you any longer. let her go as hard as it may sound. I wish you the BEST of luck.
2016-05-17 07:44:48 · answer #3 · answered by ? 4 · 0⤊ 0⤋
I don't think you can get the custody of your child, though being an HIV+ doesnt means that you are a unfit father, but for age factor, precaution and better safety of you child its better to keep her with her mother. I don't think anyone would like to have physical relationship with a person who is hiv+, your wife's decision is correct though her point of view, seek apology from god, because he is the most gracious and merciful, he can make things better again.
2007-05-13 06:44:51 · answer #4 · answered by like_2b_frank 2 · 0⤊ 1⤋
Why not. As long as you can prove that you are more financially and mentally stable than your wife, as well as being emotionally committed to the welfare of your son. I think the two of you should consider the interests and welfare of the child above whatever petty squabbles you two might get involved in. It is a unfair if your wife is walking out of the relationship b'cos of your health situation. Good Luck.
2007-05-13 06:45:04 · answer #5 · answered by Bantree 4 · 0⤊ 0⤋
1st thing how did u get infected, if through sex with d other woman then sorry 2 say, u cheated ur wife hurt her feelings n now instead of asking 4 apology u want 2 hurt her again by taking her son. but if u got infected through exchanging blood,infected medical tools etc... then sad 2 hear that ur wife is not sopporting n understanding,u should try 2 get ur son's custody.
2007-05-13 09:24:54 · answer #6 · answered by umm.. 2 · 0⤊ 0⤋
It does not matter if you are hiv+ you still have the right to keep your child. So if you just get yourself a good lawyer and you fight your case hard then you should be able to get custody of your kid. good luck! sorry you have to go through this.
2007-05-13 06:38:07 · answer #7 · answered by Anonymous · 0⤊ 0⤋
im sorry to hear about that, but yeah u can have custody of ur child. dont worry about it just try ur best and good luck
2007-05-13 10:06:59 · answer #8 · answered by me 1 · 0⤊ 0⤋
get in touch with the nearest SIF... www.saveindianfamily.org; www.saveindianchild.org
2007-05-13 06:46:25 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Damn thats some scary sh*t....
2007-05-15 14:45:08 · answer #10 · answered by Wisdom 3 · 0⤊ 0⤋