custody of kid

deeps (Querist) 15 September 2015 This query is : Resolved
Can husband claim for custody of kid 5 years even if they are not divorced but living seperately from pst 4-5 years How much financial position/working matters for custody case. Is only financial condition considered for custody or anything else too. how much is it in favor of mother.

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Devajyoti Barman (Expert) 16 September 2015
The custody of child is hardly changed unless there is grave danger in his well being if he continues under the present custodian.
Financial might has little consideration in determining the custody. Merely because the mother is unemployed by means gives advantage to the father for custody. On the contrary the father wil be directed to provide enough maintenance for betterment of the child.

Rajendra K Goyal (Expert) 16 September 2015
Court may not give custody in the given case in absence of acceptable reasons to do so.

K.S.Srinivas (Expert) 18 September 2015
Agree with the experts.

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