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Anoop   26 October 2016

Child custody

Hello Sir/Mam,
I am having a question in my mind. And i need a clarification on it.
Actually i had the divorce with my wife and i have a baby boy whose custody as mentioned in divorce

decree, is being given to his mother. Also  we went with one time payment settlement and for the

maintenance case of baby and his mother I paid a lump sum amount as agreed upon in mediation

court between us.

So now i am thinking .. that since baby boy is with my exwife and custody is with her. So in

future can this baby come to me, even If i am not willing to keep him? I mean can she send him to me on

basis of any law that states the baby custody could get assigned to me, irespective of fact that

she agreed that she will be taking care of baby and I paid lifetime maintenance amount for her

and my baby.
Also please explain me  is there any Law that says Baby will decide with whom he want to live

after the age of so an so ?

 

please check the copy of attached divorce decree which states the same final decision. And please let me know about the fact if court could dicide the childs custody again back to me in near future even though her mother is willfuly took his custody.



Learning

 9 Replies


(Guest)

>> So in future can this baby come to me, even If i am not willing to keep him?

Not only an academic, hypothetical question, but also a sick one!

You are worried that your child might like to stay with you as the custodial parent in future!! ??


(Guest)
It's a never ending circus to.make baby come to you on its own or by hook or crook. Lifelong battle. Nobody wins. All will be loosers in the end. Lesson learnt finally? Never take divorce when u have kids. If take, don't pursue child custody matters.

Anoop   27 October 2016

NO venkat Sir not exactly that. the problem is I was asking her to give baby to me which she denied. Now when I am going for second marriage then my 'To Be Wife' asking if this baby will return back to me ? and I am answerless.

We mutually agreed upon a written agreement that I am paying her a lump sum amount for her and baby's maintenance case(lifetime maintenance at once for all which I paid to my wife).

So now the question is can she send the baby at anytime to me for staying him with me, despite the fact that she signed an agreement where she accepted lifetime maintenance of baby and her own from me.


(Guest)

The simple answer is No. Once you have that MoU, for all practical purposes, no one can force you to accept the custody of the kid including your ex-wife. 

1 Like

(Guest)

That said, I fully agree with autohide4u also. Any woman who objects to your kid potentially joining you in future isn't even worth cleaning your toilet. But that is an ethical question, and I'll leave it to your ethics to decide.

Good luck,

2 Like

Ms.Usha Kapoor (CEO)     27 October 2016

From your version it appears you don't want to take the responsibility of your babyboy's custody in  future. If the boy is 9 or 10 years old brought up by  his mother until then he develops attachment to his mother  and even it the cout puts a   question to him why he can't live with  his father :, do you love him etc the child may refuse to stsy with you because by then he may have developed attachment towards his mother. a   WHY DO YOU WANT TO AVOID HIS ESPONSIBIITY AND FEARFUL OF SUCH EVENTUALITY. ESCHEW THAT IDEA. AFTERall  THE BOY IS YOUR ONLY CHILD nd your  closest blood relation. .If you appreciate this answer  please click the  thank you button onthis forum.

1 Like

Anoop   27 October 2016

Thank you everyone for all your valuable advice. it really helps to decide what right and whats wrong and whats grey. But as a practical approach and being well informed about future course of actions that might occur I wold need your advice on  these 2 more questions.

1) At what age a child could claim on fathers property ? is it like at the time he is crosses age 18 or after the fathers death? And if he does and by that time if his father have more kids from second wife, then is it like fathers property is divided equally among all kids from all the wifes?

2) And if this is norm then the concept of vasiyat(Will) is what ? I mean can a person decide in his will that this much percent will go to my first son and this much to second son and this much to my wife ?



 


(Guest)

1. No one including children have a right over father's self-acquired/earned property. They can claim right over father's acquired/ancestral property after they turn 18.

2. Yes. Absolutely. But the will can only mention self-acquired items or his portion of ancestral property.

Dr J C Vashista (Lawyer)     29 October 2016

On attaining majority the child "shall" ask for his right in ancestral property.

Besides this, if the father dies intestat the child has a share in his deceased father's self-acquired properties.

Consult your lawyer who has settled divorce from your ex-wife.


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