my husband and me are staying separately from past 6years and my daughter was with my parents from her birth.now his mother and sister are threatening me that they will take my daughter if i dnt stay with my husband .
2007-05-15 05:40:52 · 15 answers · asked by swathi n 1 in Family & Relationships ➔ Marriage & Divorce
Let me tell you custody of child is an issue that is decided by the family court in matrimonial case between the parties.
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. In your case the basic custody of your child is already with you as for the last 6 years the child is being looked after by you & your other family members, in these 6 years they did not bother about this issue now they seek the custody of child. The condition they put for you to have the custody of child only if you stay with your husband is in no way going to affect this issue. I suggest you move the court for divorce on the basis of desertion for more then 2 years separation & cruelty, file application for maintenance/alimony both during pendency of the main suit for divorce & even on permanent basis, & move application seeking permanent custody of the child. Your case regarding custody of child seems very strong to me & you will get courts order in this regard.
2007-05-15 13:52:42 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
Who has your daughter now? A court is going to rule in the best intrest of the child. If she has been with your mother from her birth (for 12 years!) then most likely, she is not going anywhere. Especially depending on the reason WHY she has been with your mother. Also, where was his mother and sister during this time? Did they see her? Send her cards or presents? Attempt contact? The other thing is that your daughter is 12, the judge will ask her where she would like to be...that will be the biggest deciding factor (but not the only one) Good luck, I'll pray for you and your family.
2007-05-15 12:49:11 · answer #2 · answered by Raja_Nala 2 · 0⤊ 0⤋
If a couple live apart for more than 2 years and during this period (2 years out of 6 years)
1. Did not communicate
2. Did not have sex
3. Did not enjoy any kind of normal rights and previleges attached in the course of normal marriage,
in such cases, court assumes that there is No natural love and affection existing between wife and husband.
it forms a valid ground for Divorce (Consult a professional lawyer, who will attend only Family Court)
In India, courts follow, Manu Smruthi. As such separating a mother & child is considered as a sin. Therefore 1st choice will be given to mother only, despite demand by father. this 1st choice evoporates only when you are confirmed to be mentally not fit. Since you do not appear to be so,
FILE A PETITION FOR DIVORCE AND GET YOUR DAUGHTER by all lawful means.
2007-05-16 00:45:20 · answer #3 · answered by auditorsudhakar 3 · 0⤊ 0⤋
Hi Swati,
I like to know whether you stay in India or in some other country because the law of that state prevails. As you said your Inlaws are threating you so i take that you resides in India.So, as far as moral right are concerned Mother has first right on child till the age of 5 to nurture.But you are not yet divorced, so apply for divorce along with the custody of child with alimony.
Also would also take the choice of your daughter.Whereas the child is in your custody from 12 years may she is staying with your parents as you must be working for livelihood so there is least possibilty that he would get the custody of your daughter.
Take the advice of good lawyer & proceed
2007-05-15 13:59:23 · answer #4 · answered by Taurian 1 · 0⤊ 0⤋
if you've been living separately from your husband, there should be no way for your in-laws to threaten to get custody if you divorce your husband. Usually physical custody will go to the mother in such cases but any court will look at a number of factors such as who you are, any criminal record, etc., in making such a determination. if your daughter has been with your parents and you wish her to live with you, and no bad things in your background, i would consider it highly unlikely that acourt would not award you custody. There might be some restrictions as to where you can take your daughter, meaning that you might not be able to move far away where her father would not be able to see her, but insofar as custody, courts are reluctant to deprive a mother of her custodial rights.
2007-05-15 12:47:22 · answer #5 · answered by Ed C 1 · 0⤊ 0⤋
No one can take your daughter away like this. Take help from National Commission of Women before filing any case. Write your case details to them and send by registered post and keep copy of documents with you for future reference. If a case is filed in court they may not be in a position to help you. In case it reaches court, the judge would take decision only after listening to both parties, your daughter, and then take decision for child's custody. You should talk to your daughter and prepare her for the future situation slowly.
If do not wish to stay with your husband, no one can force you to do so. However, many families have reunited also with help of counseling. The choice of where to stay, how to stay depends on you, no one has the right to take your identity away from you. You can also contact Support Groups for Indian Women.
2007-05-15 13:41:51 · answer #6 · answered by VA 1 · 0⤊ 0⤋
Depends on the state you are in. many states say at the age of 12 a child has the right to deceide who they want to live with. I certainly would contact an attorney. It almost sound like the grandmother and sister are aware and figure they will scare you into staying.
Good Luck
2007-05-15 12:45:47 · answer #7 · answered by someones friend 3 · 0⤊ 0⤋
his mother and sister have no authority to take your daughter. if you divorce your husband the court will decide who gets custody. But I assure you that if you and your husband are both fit parents his mother and sister won't have a chance gettting her. Plus, the courts usually award custody to the mother and visitation to the father.
2007-05-15 12:44:28 · answer #8 · answered by Steven's Mommy 5 · 0⤊ 0⤋
Well, first of all you need to find a good divorce attorney. It may not go well for you that your daughter was with your mom, but your chances are probably better than his! Get a free consultation and find out.
2007-05-15 12:48:41 · answer #9 · answered by karenhar 5 · 0⤊ 0⤋
Why the H did you make your daughter stay with your parents . You dont sound like a serious person to me .
2007-05-15 12:47:09 · answer #10 · answered by wishingstar5555 3 · 0⤊ 0⤋