Child custody

Guest (Querist) 15 April 2015 This query is : Resolved
I am married since 4 years. we have a 2.5 year old girl child. Now we are in the process of divorce, case not yet registered. I would like to know the following;

1) What if the child do not recognize me since I met her 4 months back.

2) What will happen to the child if my wife marry again after divorce, can they change the identity (father name, family name etc) of the child.

3) If she is getting re-married and I am not getting married is there any right that I can demand child custody? What is the case if I get married and she is not.

What are the main consideration for giving child custody?

Please advice

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SAINATH DEVALLA (Expert) 15 April 2015
Will UR child forget U just in 4 months,she must have been 2yrs when U last saw her.If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access. Custody of a child, when parents divorce, only implies as to who the child will physically reside with. Both parents continue to be natural guardians.

The custodial parent will be the primary caretaker responsible for the emotional, medical and educational needs of the child and the non-custodial parent who does not lose the rights over the child will have the right of access.

One more thing is as she is a girl aged 2 1/2 yrs, mother will be the custodian, U will have only visiting rights.But if she remarries she loses the right to custody

Rajendra K Goyal (Expert) 16 April 2015
1) What if the child do not recognize me since I met her 4 months back.

- It would not effect your right.Generally the custody of child is given to mother. You can ask for visitation rights.

2) What will happen to the child if my wife marry again after divorce, can they change the identity (father name, family name etc) of the child.

- If custody given to her and if her new husband agrees, she can keep the child with her. She can not change identity without your consent.

3) If she is getting re-married and I am not getting married is there any right that I can demand child custody? What is the case if I get married and she is not.

-You can demand and case would be decided on the merits.