PRAMOD BISHT (ENGINEER) 19 July 2015

Child custody

Hi, I live in delhi, I Had ,divorced in september 2013, with mutual consent with my ex-husband. With our relationship, I have one sweet daughter , she is 8 yrs old now living with me only.I am going to move ahead into my life and the new person in my life love my girl and is ready to adopt my child also legally.

The decree of Divorce does not have anything about my girl child custody, however in the petitition it was mentioned that the custody of child will remain with me , and the ex-husband has rights for meeting the child under my supervision. Which he hadnot done any time after the divorced. Also he had moved on and got married afterwards and had a child with his new wife. Also, I had not taken any compensation for me and my girl during and after divorce.

I want to know that if i go for custody of my child to my new husband legally, then what is the process and how can my ex-husband can hinder the process because he is a mad man and just want his benefits.

Please advice.

Thanks in advance

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3 Replies

saravanan s (legal advisor) 19 July 2015

the custody has been granted to you by the court and you said your husband never visited the child after divorce.just dont worry and proceed with your marriage.even suddenly he emerges and asks for the childs custody he wont be granted

1. as he had never visited the child even once after divorce

2.the child being a girl and father also got remarried.

3.if such a situation arises the child being more than 7 years of age its consent will be asked regarding custody

DR. DIMPLE JINDAL (ADV.) (Advocate) 19 July 2015

Your new husband can adopt your child, but the age difference between your new husband and your daughter should be minimum of 21 years. For this, you have to make a adoption deed. By this, your daughter will be legal heir of your husband as usual as lawful child.

anand (legal advisor) 19 July 2015

It has to be done by court only as adoption will not apply in this until and unless consent of both the parents not taken in writing this if you want proper adoption with your new partner you need to approach court.