Child custody


Dear Sir, I have been given divorce on the condition that if i get married i have to give the complete custody of my daughter to my ex-husband. Now i'm planning to get married but i dont want to give my 7 year old daughter to him and even she doesn't want to stay with him. Can i file a G&W for my daughter will i get custody of her.
 
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Advocate

You already have custody of your daughter, you can seek complete guardianship of the daughter now under the G&W Act, that will help you to keep her custody even after your remarriage or dispute his claim for getting it from you. Your divorced husband may not allow your claim for getting complete guardianship of daughter, so you must mind language of the pleadings for seeking that from the Family Court.
 
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LAWYER

You have really mistaken by conditioning such a thing, may be your circumstances were such that you had to do that.

Anyway just now artistically handle this matter, you should marry but avoid the situation which would make you loose the custody of your husband.

The divorse seems initiated by you, right?

Anyway can you give details as under; ( for seeking absolute custody till the age of maturty of a child you need to satisfy court  regarding below;)

You must prove that child shall have much better welfare with you instaed of her father

Education, morals, family atmosphere even the area where you live is much better that your husband 

These some factors you need to satisfy court

Your ex husband whether re- married or not ?

He can claim that your marriage will make ignorance of care for your daughter

The Court looks in the welfare of child  and that is it.

 

 
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LAWYER

Sorry ;please read as under;

Anyway just now artistically handle this matter, you should marry but avoid the situation which would make you loose the custody of your husband.

Please read as;

Anyway just now artistically handle this matter, you should marry but avoid the situation which would make you loose the custody of your daughter.

 
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Actually he only initiated the custody case on my daughter and on settlement for his conditions we went for divorce. He stays with his mom who is of 65yrs old and a brother of 35yrs old who is unmarried.

The custody what we have is joint custody. Can i initiate a case before i get remarried or after that. 

 
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Thank you sir

 
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LAWYER

Better to file for absolute costody and guardianship under G /W Act before you get married.

 

 
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Originally posted by : padmapriya
Dear Sir,
I have been given divorce on the condition that if i get married i have to give the complete custody of my daughter to my ex-husband. Now i'm planning to get married but i dont want to give my 7 year old daughter to him and even she doesn't want to stay with him. Can i file a G&W for my daughter will i get custody of her.

You can apply under Guardian and ward and see what happens.

 
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U go to court both fight their 7yrschild becomes18yrsshe say Tata bye bye and fly away.for Ur selfishness both of u ruining that little child's heart.
 
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Dear Shasi Dhara, If men are not selfish it doesnt require any woman to undergo this pain....things are not simple as u see and think...anyway thanks for your kind consideration to reply to this

 
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