Custody of child

Querist : Anonymous (Querist) 20 January 2018 This query is : Resolved
This is regarding the custody rights of my son. I got divorced mutually in 2014. As per the petition my ex-wife got the custody of my son. As per the petition she also agreed to no financial help from me however for the last three years I have been paying a monthly amount to her and also the school fees and other requirements are bourne by me. She remarried in 2014 and now has a daughter from her second marriage. My son feels neglected with her also she is at times very violent. My son is terrified of her but is also scared to say that he wants to stay with me. His studies are also not taken seriously. He comes and stays with me during vacations though visitation rights were not mentioned in my divorce petition. During his last vacation he did not want to go back to his mother. Me and my ex-wife stay in different cities due to my job. I am not being able to shift to the same city as there are no opportunities. A custody battle will take ages and I can't see my son being tortured. I have started speaking to her regarding getting my son to me. She agrees once then disagrees after a few days. Is there any way I can bring my son to me without going to court. What legal steps can she take if I don't send him back to her after his next vacation. How do I fight it? Cannot see my son go through this trauma. He is 10 years old.

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Isaac Gabriel (Expert) 20 January 2018
By mutual understanding she sends the boy to you during vacation, though no visitation rights and accepts the financial assistance.You can talk to her through relatives or friends to leave him to your custody and amicably solve this without resorting legal steps.

Vijay Raj Mahajan (Expert) 20 January 2018
The mutual settlement between both parties took place and child custody and visitation was decided. Now there is change of circumstance where the mother holding complete custody of the minor child got remarried and has another child and for this the first child feel neglected and unattended during his stay with the mother. If the mother ready to transfer the complete custody of the minor child to the divorced husband/natural father of child and takes the visitation during the school vacation, namely reversal of the roles as was first decided the matter can work smoothly. The best out of court solution is by seeking the private mediation and conciliation between both parties. I'm myself associated with one such International Network where we take-up the private mediation and conciliation/Arbitration and try for mutual settlement between parties and all this is done in an amicable manner in satisfaction of both parties. The various session that take place make both parties to agree with the facts and circumstance of their case, making them understand the fundamentals and responsibilities involved in the family relationship being disturbed by their egos and disputes. The Welfare of the minor child is fundamental issue which both biological parents have to understand even though they may not be in matrimonial relationship after the dissolution of their marriage but the responsibility of the minor child cannot be ignored and avoided by either of them.
You may try out such independent mediation and conciliation that can bring solution to the problem.

Adv. Yogen Kakade (Expert) 20 January 2018
I totally agree with Mr. Mahajan.. rightly guided

Dr J C Vashista (Expert) 20 January 2018
No reply to an anonymous author.

T. Kalaiselvan, Advocate (Expert) 24 January 2018
No doubt the child custody ws given to her during the time of divorce and there is a mention about this in the decree also.

However, as suggested, due to change in her circumstances, you may seek child custody by first talking to her politely and justifiably.
If she disagrees or refuses then you may approach court for relief and remedy.

Custody of child

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