koustubh bhide (advocate) 18 December 2016

Child custudya after divorse

Husband and wife took divorse by mutual consent from court. Order passed. In petition husband accepted that custody of child will be in the hands of wife only in future. After this divorse as per order wife is keeping child in her home. After some day wife remarried with one person. That new husband legally wants to adpot the child. This the situatuon... In this situation whether it is necessary to file petition in court by wife for custody of child against old husband? Or only adoption deed registration and home vidhis are sufficient for new husband to adopt the child.

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Originally posted by : koustubh bhide
	Husband and wife took divorse by mutual consent from court. Order passed. In petition husband accepted that custody of child will be in the hands of wife only in future. After this divorse as per order wife is keeping child in her home. After some day wife remarried with one person. That new husband legally wants to adpot the child. This the situatuon... In this situation whether it is necessary to file petition in court by wife for custody of child against old husband? Or only adoption deed registration and home vidhis are sufficient for new husband to adopt the child.

You need to file custody application stating above facts and ask court to grant custody of your kid to you that you still are single and you wont marry in future keeping in mind childs future prospects.

No need for adoption as you are natural gaurdian.

If new husband wants to adopt, he should take consent of natural gaurdian ie original father in way of writing. Without his consent, nobody can do anything. All other formalities and vidhis dont hold any water without consent of father of the child.

Kumar Doab (FIN) 18 December 2016

Obtain consent of natural/biological father.

whatnot 19 December 2016

Physical custody and legal custody are 2 different things.

Until 5 years you can't contest physical custody of child .

But legal custody is different. You can cliam part of legall decision (moving child, innoculations, schooling, tour ). Usually this goes as joint legall custody.

If mother now wants complete custody, then she will have to file for legal custody of child , win the decree. Adoption happens after that.

Why just get wrangle in legal battles again?

Second husband can fulfil the responsibilities of father without decree from the court. Let him provide all aminities and care . As the time passes he can chose to adapt in consultation with mother and her ex husband.

Putting child through the legal for sake paper decree is not advisable.

Kumar Doab (FIN) 19 December 2016

Hope you are satisfied.

koustubh bhide (advocate) 19 December 2016

Actually i post this situation because i this case in kalyan court. So i am surpruse to see a custody case filed by new husband of divorsee wife. For custody of their child from the old divorsed father. So thought filing a case is not required. Because in mutual consent petitiin old husband already accepted that custody will remain with his wife. Then why her new husband filed case against old husband for child custody?