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Raajeev Sampat. (Self employed.)     24 January 2012

Child custody.

A wife has filed for divorce and in her divorce petition she assumes that the children are with her and cant be taken away from her.The husband wants the children.In counter to her divorce petition he files for custody for his children.How will the wife take it whe she recieves the summons for the child custody application.Will that rattle her to compromise.Please give me your views?



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 5 Replies

Rahul T (Engineer)     25 January 2012

FULL SORTY PLZ....This not achild home.............Culprits are not allowed here..............

Gyus! I really Feel suspicicos for the person how is writting half story.... I feel, May be or they are  they are guilty or they are looking for escape path.............. by providing half sory... Because they dont have any thing to write...............


(Guest)

@ Rajeev Sampat

 

Please provide additional details if you want quality response from the experts. Quoting law/act is not the solution to solving family matters, especially matters of minor children.

1. Age of children 

2. Duration of marriage

3. Is the ex-wife an otherwise a good mother and parent( truth please - not all women have UMTDNA - Utpala Mitochondrial DNA )

4. Is the mother working

5. Does she have support at home or living like a metro wife in a city where child upbringing is with aayah and day care. 

6. Are you working and have steady income

7. Are you paying alimony

8. Are you married and have children with your new wife. 

9. Does she involve the children to the doctor, social activities, religious activities, sports etc. 

 

With the above for you to respond, here are my two cents on the topic of child custody with whatever little you have shared on this post.

1. If both parents are capable parents/fit parents and have open communication with each other , ie able to live like friends after divorce, then a joint custody is the best answer. The child grows up in two homes- weekend on and weekend off in mother and fathers home. For this, both parents need to be in the same city/location.

2. If both parents are not in the same city or if the divorce is a high conflict divorce, then it is best to work out CP and NCP arrangement. CP- custodial party. NCP- Non Custodial party who visits the children. 

3. Try to develop a parenting plan and get an agreement on various aspects of co-parenting. I can send you a draft of my parenting plan. 

Raajeev Sampat. (Self employed.)     25 January 2012

1)Son is three and daughter is nine years old.

2)13 years of marriage.

3)Not a good mother,currently married but live in 2 different cities from three years.

4)Mother is working 8a.m. to 9p.m.

5)Lives with her parents,father working and her mother at home and a part time servant.

6)I have a consultancy business and have a steady income.

7)I am paying a maintainance for the children on my own despte being married and living in two different cities.

8)I am single.Live with my parents who are at home.

9)She doesnt involve them in any sport.

sensitiveman (executive)     25 January 2012

Adam,

It would be great if u send the draft of parenting plan as in my case myself and wife are both from the same city and my 2 yrs old kid is with her.

 


(Guest)

@ Rajeev

It looks like yours is a four income family ( mother, her new husband, FIL, yours )  and there is MIL support at the childrens residence. Good situation to be in. 

Do consult a laywer on legal motions on obtaining child custody. Sending you a draft parenting plan that you can modify for your scenario. I will be happy to look over it once you are done. Please send me an email : reachadamkumar@gmail.com or pm your email id. 

 


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