harrassed 26 September 2015

Child custody

Hello Experts,

How does the child custody law works.cBoth husband and wife working. Son is currently with Mother. 498A, Divorce and Domestic violence cases are running currently. My son is turning 5 next year. In last 1 year I do not have access to my son. When I have asked my lawyer to file for visitation rights, he says that we need to waittill she provide counter written statemnet for divorce petition (Filed by husband). I understand that till 5 years of age the custody will be with mother. How to get the custoday after 5 years of age. Already my wife is teaching him that his father is bad and all othe wrong things. How can I get back the child custody?

Thanks in advance...

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6 Replies

saravanan s (legal advisor) 27 September 2015

file a case for child custody under guardian and wards act along with an interim application for vistation rights

SAINATH DEVALLA (LEGAL CONSULTANT) 27 September 2015

Adv Saravanan is right

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 27 September 2015

I do not agree with your laewyer regarding theconcept of counterclaim. Go for the remedy suggested by the expert above.

prabhakar advocate (advocate) 27 September 2015

I also endorse. Separate custody case along with visitation rights application as interim relief is better than to file interim application for custody/visitation in divorce petition, for several reasons.

K.S.Srinivas (Advisor (HR)) 27 September 2015

I agree with Prabhakar Advocate.

T. Kalaiselvan, Advocate (Advocate) 03 October 2015

I concur with the views of learned advocates recommending filing of child custody case under guardians and wards act with an application for visitation rights as an interim relief. The divorce case should not be bothered due to this.