There are inevitable causes of my divorce. We have a 5 year old son If I take divorce from my wife with mutual consent & wilfully provide the custody of my son. After divorce, if my wife remarry, can i legally eligible for my son's custody.
Received Justice (Accounts) 14 June 2012
There are inevitable causes of my divorce. We have a 5 year old son If I take divorce from my wife with mutual consent & wilfully provide the custody of my son. After divorce, if my wife remarry, can i legally eligible for my son's custody.
Adv. Chandrasekhar (Advocate) 14 June 2012
in the mutual consent agreement, make a specific written provision that in the event of her remarriage, you will be entitled to full custody of the child and without resorting to court procedure she would peacefully handover the custody of the child to you. Once it becomes part of the mutual consent divorce decree, it will become easy for you to take custody of the child in the event of her remarriage.
Received Justice (Accounts) 14 June 2012
Thanks sir !!!!!!!! But I am really fed up with my wife attitude & can not live with her. But on the same side, I did not want to leave my son. She is very irresponsible towards our son & still she did not want to leave him. Her mother is interest for her remarriage, She will never write these thing (as mentioned by you) then, How can i get the cutody of my son.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 15 June 2012
Remarriage alone is no ground for denying child custody to the mother.
However the child custody can shift for the welfare of the child at any stage of his life.
puneet sandhu (service) 15 July 2012
Prasenjit Guha Thakurta (GM) 18 July 2012
Dear All, ,
I have been divorced in august 2010. Though it was a mutually agreed divorce there has been complications and hence I agreed to the divorce. We have a girl child (presently 7 years of age) out of our wedlock. During the divorce procedure I did agree that the child remains with her mother and that I would not interfare into her day to day activites, provided she is properly taken care of.
After the divorce I wanted to visit my daughter but was not allowed by my ex-wife, I even tried to logically discuss that the child needs to have a normal life but she has been constantly refuseing to let me meet or even talk to my daughter. Hence, as I was left with no other option I approached the court and last month got an ex party order to visit my daughter every sunday. Even after serving the court order to my ex-wife I have been unable to see/ meet my daughter. She takes her away and locks the house and I keep waiting ............. now please advice me what shall I do and about my rights. I have also come to know that my ex-wife has changed my daughter's school and also changer her parental name (which was mine) to her parental name. Can she do this without notifying/ consent of mine. I really would appriciate all possible help and please suggest a very strong/ good lawayer for me.
Looking forward for all possible feedbacks and help.
Regards
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