Riya 05 April 2018

Settling of child custody case

Dear all, I would like to know if there are any disadvantages to settling a child custody case.

I left matrimonial home due to beating in my first trimester of pregnancy, and eventually did not return when after the child my husband simply cared about prrof collection for custody, instead of actually doing anything for the child. He filed for custody of a 6 month old, didn't get interim custody but only visitation in court premises . His lawyer has suggested settlement for now but has sent over a document saying father is free to re file at 6 years of age. Case was at petitioner evidence stage when settlement was suggested. Can you please suggest if its ok to settle or to fight it out. Child is now 2 years old.

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Riya 05 April 2018

Can courts grant joint parenting even if there is history of abuse? I have medical proof of injuries due to beating. My only fear is increased interaction with my husband may lead to some violence in the future. How can I safeguard myself. Calling the police does not see to help as they advise me that it happens in every marriage.

Riya 05 April 2018

shahid 05 April 2018

If father is unemployed & mother is a working doctor, then family court will decide father to pay expenses to 5 yr old child ?

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Originally posted by : Riya
	Can courts grant joint parenting even if there is history of abuse? I have medical proof of injuries due to beating. My only fear is increased interaction with my husband may lead to some violence in the future. How can I safeguard myself. Calling the police does not see to help as they advise me that it happens in every marriage.

There is nothing called as joint parenting. The scheme was introduced in Mizoram. But it failed miserably. Mainly because parties dont follow what they initially agreed to. First agreement is a problem. Next problem is fulfilling the terms of agreement of shared parenting is bigger problem.

If you have claimed alimony from husband, that itself will get the husband child custody at age of 5. Simple reasoning is. You unable to feed yourself and asking money from husband though legally, then how will you feed kid when it keeps growing. Because of this itself the cusotdy of child will go to father.

Then you will have to run pillar to pillar to seek visitation rights.

You can simply agree for visitation rights and if you filed for alimony you take back the case. Like that you will have custody of child with you. His child custody case will be evntually dismissed.