shraddha 25 December 2014

Child custody

I have been married for over fifteen years with two kids aged 14 and 10yrs.I have filed a divorce petition. I am living separately and have a stable job. My kids are with my husband. My younger son wants to come and stay with me in Mumbai because he is unhappy with his father's volatile behavior. The elder son wants to stay with his father. I am trying to file another petition for child's interim custody. I want to get him admitted to a good school near my home for the next session. I understand that legal procedure may take time. To save my younger son from further emotional abuse, I want to bring him to my place without my husband's consent. What can be the legal consequences of this action? Can this hurt me in my divorce case and can it cause any hurdle in long term custody of my child?

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5 Replies

s.subramanian (senior partner) 25 December 2014

Any extra legal methods to take custody would lead to criminal complaints by your husband. It will be safer to seek custody through the court process. If the situation is so very serious you can seek interim custody of the son on that ground before the mumbai high court by filing appropriate petitions. consult a local lawyer with expertise in the field of guardianship and custody.

vicky (manager) 25 December 2014

Just think about this :

your 10 years son came to you without informing his father. Now your husband takes any legal step with help of police then if your son refuses to join then. No one force him to join his father. Then file for custody on change of ground and circumstance. I am assuming that custody is granted to your husband by court.

if not i mean till today no custody battle happened then no mother father can be booked for kidnapping.

Raajeev Sampat. (Self employed.) 26 December 2014

To my knowledge you have to file for custody in the court where the child currently resides,give me a ring and i shall guide you furthur,my number is 0 8097044030,i am in mumbai.

Raajeev Sampat.

Jai Karan Nagwan (consultant) 26 December 2014

Let your son join you voluntarily and thereafter File application for Custody and along with pray for interim and continuity of custody, by being very clear in your application, your case is very spontaneous, you are sure to get custody, if your son is willing.