Child custody

Are you staying away from your husband and inlaws that your MIL says that she would hand over your child to you till she is three . Are you seperated / Diviorced and your child is away from you or due to other reasons they are looking after your child . Try to sort out the matter in a mutual manner if the case is not due to the above factor like seperation or divorce and the last resort would be to apply for  custody of the child under the Gaurdians and wards act .

I am staying with my husband. They are just looking after her because my working hour was such that i was not able to take care of her. Now, i can take care of her. I wanted to speak to them. They are saying that i will get my child when they will be no more. pls advice

@ Author


1. Yes it is justified.

Reasoning:

A. "Best interest of child" is better off with MIL than with natural mother. Guardianships and Wards Act supports her (MIL) and if you like to test the reply then try filing a custody petition in Jurisdiction court. You will end up getting only 'visitation' though you are Angel's natural mother.  



B. Even if in past your duty hours were odd a 'natural father' should have taken care of the minor child all these years but natural father too delegated "best interest / welfare of child" to grandparents hands and probably grandparents were living slightly away from your 'marital home' and not in same home that may be reason this situation developed today !

C. Grandparents who are looking after the minor child from past 3 years even without custody Order from a competent Court can very well get preference (status quo not to disturb ordinary residence of child will be maintained the moment case is in floor of Court) based on facts as in your brief though you are natural mother.  

D. Today you say before us that you have time to look after best interest of a minor child but from last 3 years you did not have that very best interest and what guarantee will be there in future developing years of child that you will not leave the child in hands of some foster care in the name of career development and or outside avocations and or odd duty hours? This is the presumptions read with adversial probability which is not in your favor if custody case is filed in a Court is my opinion.

Limited remedy available based on facts before us:

1. Invite grandparents to live under same roof if not living already.
2. File a suit for physical custody of child. Chance of disturbing status quo is difficult to come through but no harm trying.  
3. Amicable solve within family the issue.  
4. Take help of local Social Org. / NGO's and may safely disturb physical place of minor child to that of yours and immediately file a suit for permanent custody of minor Child. Court will not disturb the status quo the moment this happens. But then henceforth your motherly instincts should be based on nature's facts and not on opportunity factors since it is the welfare and long term best interest of child which is prudent question of Law as in involvement.
5. If visitation is proper now-a-days then balance visitation (care of child) wiith your career instead of facing music of three adversial near persons at home front vis-a-vis Court and have piecemeal.

To file or not to file custody case is upto you taking into consideration of other circumstances, which may develop after filing the case, i mean, the relationship with husband, in-laws.  As far as child custody is concerned, your case is clear.  you will win the case absolutely.  The law says that till 5 years mother is the natural custodian and later on father is the natural custodian.  but in the case of girl child, most of the times, the courts tilt to give custody of the child to the mother after those 5 years.  only after 5 years age of the child, in some cases, which are very few, the father may get custody and in most of those cases also, the mother gets the custody. 

But if the dispute is between the parental grand mother and natural mother for the custody of the child, difinetely the courts will see the welfare of the child in the custody of the child.  So, you can go ahead in claiming the custody of the child, but keep in view of the adverse atmosphere may develop in the relationship between you and your husband.

wish you best of luck. 

read first sentence in second paragraph - "But if the dispute is between the parental grand mother and natural mother for the custody of the child, difinetely the courts will see the welfare of the child in the custody of the mother."  In the place of mother, child was wrongly typed.  

Truthfully speaking, a complicated situation and you would need to show best interest of the child,

Also, why not invite your Parents in laws to live with you.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Yes, it is true that this is a complicated situation.

I had invited them to stay with me. They stayed with me for 2 months.. When MIL saw that the child is attracted towards me she created a messy situation & left the home. Now, I think god can help me.. Is there any way to get my child back...

If they are not joining you...then you join them...