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can i get custody of my 6 month old son with following reasonings?


We are staying separately since last two months. Son is 6 month old and staying with his mother.

Problem here is that:

1. Mother is a working lady and stays out of house from 9.45am to 6.30pm

2. Since she is staying alone, she has brought her mother (my MIL) to look after the son when she is in office, usually from Monday to Friday.

3. MIL is not always accessible since she has her own home to manage

4. MIL has highest degree of asthma and it's usually advised not to allow small babies to be around asthma patients as that might affect their health

5. Mother herself is a low BP patient and gets attacks once in a while. It might prove nasty if she gets low BP attack when no one is around as baby can't call anyone for help

6. Father side has retired grandpa and grandma who are available 24*7 to take care of the baby

7. Father is a freelancer (web development) and mostly works from home. He can take care of the son

8. Since the mother is working, baby has been put to use powder milk. So baby won't thrive for mother milk

9. Since we are living few kms apart, mother can always visit the son whenever she wants.

I am willing to take custody of my son in his best interest and welfare. Can I pray to the court with the above reasonings?

Will the court take my plea into consideration or it will stick to the old traditional law that says if child is below 5 years, mother gets to keep her no matter what.

Please advice based on your experience and knowledge. Thanks a ton in advance.
practicing advocate

You can seek the custody of the child, but proper care taker is mother.  You have got good grounds, you can file a petition in the dist., court seeking custody of the child.



While seeking custody of child one need to satisfy the court about the welfare of child. If you can satisfy the court that your child will be in a better situation with you  instead of  mother , then you can seek the custody, however for a sixth month's baby court may be reluctant to snatch the baby from mother's lap . If mother is not lactating (breast feeding) that can be an added point for you. Anyways it is all that depends upon the strong evidence.



What would be your advice?



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