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Simhan (manager)     01 April 2015

Child custody

Dear lawyers,

Children   male (10)   and female (13)  are staying with  father,  and not willing to go to mother.  If  mother  files a  DV  and  asks for child custody  what is the remedy for the father  to safeguard the interest of the children.   Whether father has to take any  prior legal precautions  in this case.

Can anybody explain.

Thanks

Simhan



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 4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     01 April 2015

It is left for the children where to stay. As they are over 10 years U cannot compel them.If they desire to live with their mother ,the father has to pay for their maintenance, but can have visiting rights.Mother can always insist on the custody of the girl child.

Adv k . mahesh (advocate)     01 April 2015

do not worry first meet a local lawyer of your place and explain and do as per his advice

normally if either parent can file for custody of the child and court will consider for girl child to mother and for boy then see the financial, after 7th year can give custody to father but a lot of efforts has to be kept and in your case both are above and court will consider about your boy but girl child till she attains 18 years may give to mother and if the child does not want to go to mother then give a visitation rights to mother 

Simhan (manager)     01 April 2015


Thankyou Dear K. Mahesh, and sainath Devalla,

In this case    Mother left the children and  went out of matrimonial house for frivolous reasons,   since then the children are under sole care  of  father and grandmother (fathers mother) and grand father and they do not want to go to mother ,   children mother after filing DV case,   after a gap of one year  met them and insisted them on several other ocassion  in school . to join her (children mother).  

Even if the female  children do not want to go to mother  whether court will insist to join her mother?

However  there is a doubt whether any other legal precautions to be taken.

Reg,

Simhan

SAINATH DEVALLA (LEGAL CONSULTANT)     01 April 2015

The court will not force the grown up children too live with their mother, it is left to them.Even the mother cannot compel the girl child to stay with her, but the father will have to bear the  responsibility of their expenses and maintenance.


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