What nonsense. Who says divorcee mother should not be getting remarried to get the custody of the child? I'm going to get a divorcee mother having custody of the child under the Special Marriage Act, 1954 on 12th of this month. The main issue that the court sees in deciding the custody of the child is the welfare of the child. No doubt the income,financial status, educational background, past conduct, the character in general, time that can be given to child for the general development, of both the parents also the age & intention/interest of the child are the various reasons which are to be seen on the basis of the evidence on the record & circumstances of the case. Sometimes remarriage of any parent may be also taken in consideration, but it has to be seen if such remarriage will in any way harm the interest or welfare of the child not otherwise. Just few months back, a divorcee woman who got remarried was allowed full custody of the child just because the welfare of the child was considered more with the mother then the father, by the Supreme Court of India, hence this reason itself is not enough to debar such a mother to get the custody of the child.
2007-11-05 12:30:56
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answer #1
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answered by vijay m Indian Lawyer 7
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If mother is working or financialy sound to bringing up the child,and not getting married again,then she can get chid custody without more trouble.
2007-11-05 13:00:21
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answer #2
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answered by prahlad d 5
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Sush;
I think you should speak with your ex and explain that you would like to share custody. Do whatever you have to. Children need both mothers and fathers.
God Bless
Frank Pytel
Side Note: Various Google searches
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“Shared Child Custody” : 1,270 hits
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http://360.yahoo.com/my_profile-O8EcRbkhYrI8Y76FID5PBDX6;_ylt=Av95cKrS2heIv727lcF0FuikAOJ3
2007-11-05 19:17:57
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answer #3
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answered by Frank Pytel 4
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