I have a 4 year old son, who is currently in custody of ex-wife, there are visitation rights in place for me which I am following. Until recently my ex-wife has been conseting the case with full vigour. All of a sudden she has approached me for out of the court settlment.
I have a very strong case, but at this point, it seems the age of the child is a concern for the court as the boy is only four year old...
My main contesting points have been:
- Bad character of the wife, I have proof of her adelterous nature and as a result of the same she has ignored my child.
- Other aspects that relate directly to welfare of the child are, she has been negligent toward medical care of the child post seperation I have several proofs, like missing vacination, not admitting the child in hospital when advise by hospital, neglecting other medical emergencies. I have PROOF for all these claims and can be proved in the court as well.
- Neglecting to admit the child in school despite child crossing the case and several reminders from me.
- She has no source of income and had denied child meintannce being sen by me, her family's financial condition is also not good.
I have claimed custody of those grounds amongst others, the trail is due to start.
I have proposed if there she is willing to handover primary custody and care to me , so that boy resides weekdays with me and weekend with her I am ready for settlment.
Considring the case points is it advisable for me to go for out of the court settlment? Or do I have a srong case and i should contest? If we go for out of the court settlment what are some precautions or guidelines to be followed in order to avoide problems later?