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Child custody

Discussion in 'Life Without Spouse' started by lostinlife, Jun 17, 2013.

  1. lostinlife

    lostinlife New IL'ite

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    Hello Ladies,

    Could you tell about what factors which court considers while giving child custody in case of divorce. Are female children preferrably given to mother?

    I have a 4.5 yr old daughter. I am educated and earning reasonably. I have supporting parents though they are old.

    Please give your thoughts on this or examples of some cases you know. To whom the custody was given and why.
     
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  2. introspection

    introspection Silver IL'ite

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    Put your fears to rest. Child custody shall always rest with the mother, and the father shall only get visitation rights. Unless your husband shows the court that you are not capable to look after the child, and in order to prove that guess he will have to visit courts for a long time.
     
  3. BharatS

    BharatS Gold IL'ite

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    That is a wrong notion. There is no hard and fast rule that child custody goes only to mother. There are good number of fathers who get the child custody.

    OP, typically what majority of the mothers follow is, when they are walking out of matrimony home, they take along the children with them. So in most of the cases the custody rights are fought by father. And one of the common mistakes mothers do in such case is, leave the child with the parents to do the job or send child to another station in order to deliberately detach father from child. Such acts weaken the mothers case

    Also most important is child testimony, which is becoming crucial now a days. Judge with the help of child counselors may try to get the child opinion, and also who can provide good education etc
     
  4. lostinlife

    lostinlife New IL'ite

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    Thanks 'introspection'. This makes me feel better.

     
  5. lostinlife

    lostinlife New IL'ite

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    Thanks for inputs BharatS.
    Do you know of some cases where in the mother was not given custody and why.
    In case the mother is not able to take child with her while leaving husband's home then does it create a negative impact while fighting for custody?
    Do you think judges can be influenced/bribed :( ?


     
  6. ShilpaMa

    ShilpaMa IL Hall of Fame

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    lost, sorry to hear about your current status of being away from your daughter....

    Female child is not always given to the mother, only a judge can decide...
    What matters is.... in order to win custody...
    - The child has memories of mother and is unable to live without mother.
    - Mother is financially/ mentally stable.
    - Mother has no medical condition and has never tried to harm herself during difficult circumstances.

    Since a lady couldn't take the child while leaving her husband's home is not the sole reason to loose the custody battle... what helps is WHY you couldn't... if those ppl just threw you out and threatened and for how long have you been away from the child.

    All the best and go for it, who knows if it works out for you.
    If you think judges can be bribed, then simply compare your bribery capacity with your H and his family... if they're happy with the child, they won't let her go...
     
    2 people like this.
  7. cedantseq

    cedantseq New IL'ite

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    well the mother should have income and family support and generally a child upto 18 yrs is allowed to be with the mother with the father made to pay the maintenance
     
  8. introspection

    introspection Silver IL'ite

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    Sure I agree with your views to an extent ... but what about custody of the child as old as 7 years. How can the judge rely on the childs testimony ... poor child ..too much pressure .... when being scrutinised by court ....
    Judges normally go by the view that children's best interests can be looked after by the mother (but thats not always the case !).
     
  9. BharatS

    BharatS Gold IL'ite

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    Sorry could not see any before. Bullet points

    1. Yes there are many cases where mother is denied child custody. But understand, every case is different and the circumstances are different. So dont fear on the basis of verdicts for other cases. Fight your case on merit.

    2. Mother leaving the child behind is not ground to deny child custody. But in anycase, see to it that the time between leaving the child and appeal for custody should not be more. It gives other party a reason that you have deserted the matrimonial home and the child

    3. Yes judges in lower courts can be influenced, but may not be bribed always. But the contrary is that majority of the indian judiciary is biased towards women especially in marital disputes

    Good luck
     
  10. lostinlife

    lostinlife New IL'ite

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    Thanks BharatS, ShilpaMa, introspection, cdantseq for the information. Keep posting if any inputs you have.
     

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